GIF      OF 


THE 


TROUBLES 


OF  A 


PROSPECTOR 


Copyright.  1915,  by  J.  T.  MeKch,  Lo.  Angd«,  CJ. 


The 
Troubles 


of 


Prospector 


Pacific  i'n-ss,  71S  Maple  Avi*. 


320373 


Copyright  1915 
All  Rights  Reserved 


THE  TROUBLES  OF  A  PROSPECTOR 


PREFACE 

This  book  explains  all  of  the  various  troubles  that  a 
prospector  comes  in  contact  with  while  he  is  out  in  the 
mountains  and  valleys  prospecting  for  precious  metals.  Giving 
all  the  main  details  of  everything  connected  with  the  business. 
Telling'  how  he  sometimes  walks  on  top  of  dry  water,  and 
other  times  crosses  over  wet  water  streams  at  different  times 
when  he  is  off  the  mountains  into  the  valleys,  that  are  usually 
watered  with  creeks,  lakes  and  rivers,  that  are  sometimes  dry 
and  sometimes  wet.  Explaining  the  different  formation  of  the 
mineral  ledges,  their  origin,  etc. 

Besides  there  is  a  record  of  a  mineral  protest  case,  against 
a  final  proof  proceedings.  With  the  exception  of  one  hearing, 
I  fought  this  case  for  over  two  years,  without  the  assistance 
of  a  lawyer,  and  it  shows  up  the  inside  secret  workings  of  the 
United  States  Land  Commissioners  of  this  country.  And  I 
earnestly  think  that  the  Department  of  the  Interior,  of  Wash- 
ington, D.  C.,  has  done  me  a  great  injustice  by  deciding 
against  me.  I  have,  therefore,  decided  to  publish  every  detail 
of  this  litigation  of  so-called  law  and  order,  in  order  to  lay  my 
case  plainly  and  simply  before  the  citizens  of  America,  or 
whomsoever  may  be  the  reader  of  this  book,  selecting  you  as 
supreme  judges  in  this  matter,  having  not  heard  of  a  similar 
cnse  in  the  annals  of  history.  I  feel  certain  that  this  book 
contains  sufficient  interesting  and  important  information  that 
will  be  serviceable  to  anyone  for  future  reference.  Further- 
more, I  consider  myself  duty  bound,  as  an  American  born 
citizen,  to  make  these  important  facts  known  to  the  public, 
regardless  of  every  expense  and  the  time  devoted  thereto, 


THE  TROUBLES  OF  A  PROSPECTOR 

laying  the  matter  before  you  the  best  I  know  how.  I  respect- 
fully submit  to  the  approval  of  any  reader  of  my  book,  which 
is  entitled  "The  Troubles  of  a  Prospector,"  and  will  leave  it 
entirely  to  your  impartial  judgment,  knowing  that  the  reading 
of  the  book  will  enable  the  reader  to  arrive  at  some  sort  of  a 
conclusion  in  the  matter,  and,  whatever  that  final  conclusion 
may  be  I  will  be  pleased  to  hear  from  any  one  by  mail  about 
it  if  they  care  to  communicate  with  me  in  the  matter. 


THE  TROUBLES  OF  A  PROSPECTOR 


INTRODUCTION 

Kettle  River  Journal,  Orient,  Wash.     YoL  XV,  No.  2, 

Sept.  16,  1911. 
(Adv. — Copy  of  letter  mailed.) 

NOTICE 
Marcus,  Stevens  Co.,  Wash.,  September  6,  1911. 

Receiver  of  General  U.  S.  Land  Office,  Washington,  D.  C. : 

Dear  Sir : — I  am  informing  you  that  I  wrote  a  letter  simi- 
lar to  this  to  the  receiver  of  General  Land  Office  of  Spokane, 
Wash.,  stating  "to  let  me  know  at  once  if  U.  S.  Commissioner 
W.  C.  Kirk  presented  to  you  to  put  on  file  the  protests  and 
the  questions  sheets  from  No.  0  to  No.  7  that  Mr.  John  S. 
Metzgar  answered  by  putting  the  figure  1  under  or  above  the 
words  yes  or  no ;  and  Mr.  John  S.  Metzgar  valiantly  refused 
to  answer  any  more  of  the  questions  that  should  have  been  an- 
swered by  him  on  the  sheets  from  No.  8  to  No.  16;  and  U.  S. 
Commisioner  W.  C.  Kirk  did  not  let  me,  J.  T.  Melich,  go  on 
in  asking  Mr.  John  S.  Metzgar  the  questions  on  the  sheets 
from  No.  8  to  No.  16  no  farther  and  that  should  have  been 
answered  by  John  S.  Metzgar;  and  that  1,  J.  T.  Melich,  should 
be  made  known  at  once  why  they  should  not  be  answered  ;  and 
that  I,  J.  T.  Melich,  and  my  witneses.  Mr.  Lea  White  and  Mr. 
Will  Anderson,  al  of  Boyds.  Ferry  County  and  the  State  of 
Wash.,  were  not  allowed  a  hearing  in  the  case  of  Mr.  John  S. 
Metzgar  trying  to  make  final  proof  to  establish  claim  upon  the 
Greenhorn  quartz  mineral  claim,  situated  on  the  n1.^  of  the 
uwJ/4  of  Sec.  32,  and  on  the  neJ4  of  the  ne}4  of  Sec.  31,  T.  38 
N.,  R.  37  E.  W.  M.,  on  the  6th  day  of  September.  1911,  when  1, 
J.  T.  Melich,  and  my  witnesses,  Mr.  Lea  White  and  Mr.  Will 
Anderson,  were  all  present  at  the  time  when  the  case  came  up 


10  THE  TROUBLES  OF  A  PROSPECTOR. 

for  healing  on  September  6th,  1911,  at  Marcus,  Stevens  Coun- 
ty, Washington. 

"1  am  no  lawyer  and  have  no  money  to  hire  a  lawyer;  I 
am  only  a  prospector,  and  I  am  protecting  my  claim  in  good 
faith  as  best  I  know  how. 

"The  quartz  mineral  lead  is  here  on  the  Greenhorn  quartz 
mineral  claim  ;  it  is  not  going  to  run  away  ;  I  will  invite  the 
world  to  investigate  it,  to  examine  it,  to  inspect  it,  and  analyse 
it  and  to  seperate  the  ores  into  their  constituent  elemental 
parts,  so  that  the  world  can  state  the  facts  just  as  they  are. 
That  is  all  that  I  want  the  world  to  know  is  the  facts  of  the 
Greenhorn  quartz  mineral  claim,  even  if  I  have  got  to  publish 
it  in  some  of  the  big  papers  in  the  country.  Yours  truly,  hop 
ing  an  early  reply. 

"Signed,  J.  T.  MELICH, 
2t  "Boyds,  Ferry  County,  Wash." 


THE  TROUBLES  OF  A  PROSPECTOR 


The  Troubles  of  a 
Prospector. 


Marcus,  Stevens  Co.,  Washington,  Sept.  6th,  1911. 
Hal.  J.  Cole,  Register  U.  S.  Land  Office,  Spokane,  Washington. 

Sir:  In  reference  to  my  protest.  Find  enclosed  question  sheets 
That  I,  J.  T.  Melich,  did  put  to  John  S.  Metzgar  to  answer,  yes  or  no. 
At  the  hearing  of  his  final  proof  proceedings  Serial  No.  03838  right 
after  hearing  was  called  to  proceed.  By  Commissioner  Wr.  C.  Kirk 
at  12:30  P.  M.  Signed:  J.  T.  MELICH. 

Land  Office,  Spokane,  Washington,  September  7,  1911. 
Mr.  J.  T.   Melich,  Boyds,  Washington. 

Sir:  1  have  just  received  some  questions  and  answers  concerning 
you,  and  which  have  no  bearing  on  the  question  you  raise.  Or  rather, 
uhat  you  send  is  not  in  any  shape  to  enable  this  office  to  act  on  same. 
What  you  want,  if  I  understand  your  correctly,  is  to  get  some  com- 
petent person — a  competent  land  attorney  would  be  the  best  person 
for  you  to  get,  no  doubt — to  draw  up  a  formal  protest  against  the 
homestead  proof  of  John  S.  Metzgar.  This  protest  should  show  that 
you  have  valid  mining  claims  on  the  said  land  in  question,  and  it 
should  also  show  that  you  have  mineral  enough  to  justify  a  person  of 
ordinary  intelligence  and  prudence  in  expending  his  money  and  time 
in  the  development  of  such  mining  claims.  In  other  words,  3rou  must 
make  out  a  strong  case  in  order  to  secure  a  hearing  in  the  case. 

HAL  J.  COLE,  Register. 

Boyds,  Ferry  Co.,  Wash.,  Sept.  20,  1911. 

Hal.  J.   Cole,  Register  U.  S.  Land  Office,  Spokane,  Washington. 

Dear  Sir:     In  reply  to  yours  of  the  llth  inst. 

On  the  5th  of  Sept.  1911  was  in  all  the  offices  in  Marcus,  trying 
to  get  a  sheet  of  blank  mineral  protest,  and  I  could  not  get  one  in 


12 


THE  TROUBLES  OF  A  PROSPECTOR 


the  whole  town.  So  I  went  to  a  lawyer  and  had  him  to  print  me  one 
and  when  he  got  through  there  were  clauses  in  it  that  I  should  try 
to  take  John  Smetzgar's  house  and  home  and  orchard  away  from  him. 
and  that  is  why  the  protest  is  not  as  it  should  have  been.  And  besides 
my  time  was  short  in  doing  the  work  right. 

Let  me  tell  you  just  what  I  want  to  know.  Has  this  Country  got 
a  sensible  law  that  would  give,  me  the  right  to  prove  up  on  the  mineral 
that  is  under  the  ground,  with  a  sufficient  surface  ground  and  timber 
that  would  be  necessary  to  have  in  order  to  work  the  mine.  Such  as  a 
road  right-of-way,  Tramway  right-of-way.  Water  sluice  right-of- 
way.  Mill  right-of-way  and  all  other  things  that  are  necessary  to 
have  in  order  to  work  the  mine.  Not  exceeding  10  acres. 

Situated  on  the  N.  E  %  of  the  X.  E  %  of  S.  31  T  38  X  R  37 
E.  W.  M. 

If  you  could  make  John  S.  Metzgar  a  Deed  out  to  that  effect 
and  let  me  prove  up  on  the  mineral  that  is  under  the  ground,  with 
the  above  rules  and  regulations,  when  I  get  my  work  finished  on  the 
mine.  A  law  like  this  would  avoid  all  this  trouble  of  time,  labor  and 
money,  and  as  time  is  very  valuable,  whether  it  is  put  into  good  use 
or  not  it  ought  to  be  looked  into.  But  if  you  say  that  this  fight  will 
have  to  go  on  between  John  S.  Metzgar  J.  T.  Melich,  you  will  have  to 
send  me  some  sheets  of  mineral  protest  blanks.  Answer. 

Signed  J.  T.  MELICH. 

(J.  S.  Land  Office,  Spokane.  Washington.  September  22.  1911. 
J.   T.   Melich.   Boyds,   Washington. 

Sir:  I  am  now  in  receipt  of  another  letter  from  yon  relative  to 
the  matter  of  your  filing  a  protest  against  the  homestead  entry  of 
John  S.  Metzgar.  In  this  last  letter,  dated  September  20,  1911  "you 
ask  for  "mineral  protest  blanks  "  You  are  advised  there  is  no  such 
a  blank  printed.  You  are  further  advised  that  this  office,  in  our 
letters  of  September  6,  7.  and  11.  1911.  tried  1o  explain  to  you  what 
you  would  have  to  do  in  this  matter  of  making  protest  but  yon  do 
not  seem  to  be  willing  to  follow  our  suggestions.  We  are  very  b-isy 
and  have  no  time  to  write  letters  unnecessarily.  In  our  letter  of 
September  6.  1911.  we  made  a  suggestion  that  you  secure  the  aid  »|  a 
mpetent  attorney  in  the  matter,  and  went  so  far  as  to  name  two 
hat  are  competent  to  attend  to  such  matters.  We  named  these  two 

use  they  are  in  your  section  of  the  country,  and  because  both  are 
ram,  har  with  JUst  such  matters  fc  ,and  and  nnnin,.  and  mines.  ,I1( 
the  laws  pertaining  to  same,  and,  also,  they  timlerstnnd  just  how  to 


THE  TROUBLES  OF  A  PROSPECTOR  13 

handle  matters  which  come  before  the  U.  S.  Land  Oftice — something 
that  is  only  rarely  understood  by  the  attorney  who  confines  his 
practice  to  the  civil  courts. 

We  can  add  nothing  to  the  letters  we  have  already  written. 
Very  respectfully,       HAL  J.  COLK,  Register. 
In  reply  please  refer  to  Spokane  03838  "N"  JPB  1  x       1  x  R.  and 
R.   Spokane. 

Department  of  the  Interior 
General  Land  Office,  Washington,  September  30.  1911. 

Information. 

Mr.  J.  T.  Melich,  Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  September  6,  1911,  to  the  Bureau 
of  Mines,  and  referred  to  this  office  for  appropriate  action,  you  are 
advised  that  mineral  land  cannot  lawfully  be  embraced  in  an  agri- 
cultural entry,  and  the  mineral  character  of  the  land  may  be  shown 
at  any  time  prior  to  final  entry  on  the  agricultural  filing. 
In  38  L.  D.,  512,  the  Department  said: 

"In  this  connection  it  may  be  observed  that  under  the  desert 
land  acts,  no  matter  how  extensive  may  have  been  the  entryman's 
improvements  and  reclamation,  any  disclosure  of  mineral  prior  to 
final  entry  will  defeat  the  claimant." 

If  you  wish  to  show  that  the  land  embraced  in  the  homestead  of 
John  S.  Metzgar,  Spokane  03838,  is  mineral  in  character,  you  should 
at  once  file  in  the  Spokane  land  office  a  duly  corroborated  protest 
under  oath,  alleging  the  land  to  be  mineral,  and  stating  with  as  much 
clearness  as  possible  the  facts  which  establish  the  mineral  character 
of  the  land,  enumerating  any  discoveries  of  mineral  made  thereon,  etc. 
Upon  the  filing  of  such  a  protest,  a  hearing  may  be  granted  at  which 
an  opportunity  will  be  afforded  to  establish  the  allegations  of  the 
protest. 

You  should,  however,  act  promptly  in  the  matter,  for  it  appears 
by  the  data  that  you  have  submitted,  the  date  for  offering  final  proof 
has  passed. 

Very  respectfully.       JOHN   M.    HAUL 

Acting  Assistant   Commissioner. 
Board  of  Law  Review,  By  W.  B.  Newman.  AKG 

U.  S.  Land  Office,  Spokane.  Washington,  October  10,  1911. 
John  T.  Melich.  Protestant  vs  John  Metzgar,  Protestee. 


14  THE  TROUBLES  OF  A  PROSPECTOR 

NOTICE   OF  HEARING 

On  April  17,  1905,  John  S.  Metzgar  made  H.  E.  No.  648  C.  S. 
serial  No.  03838,  for  NE^  NEJ4  Sec.  31,  and  SW1J4  NW1|4,  and 
XY2  NWl/4  Sec.  32,  Tp.  38  N.  R.  E.W.M.  Proof  was  submitted 
September  7,  1911. 

On   October  6,   1911,   the  protest  by  John  T.   Melich   was   received 
and  Tiled  in  this  office,  alleging: 

1  hat  he  is  the  owner  and  in  possession  of  the  Green  Jrlorn  quartz 
mineral  claim,  which  said  claim  was  duly  located  according  to  the 
United  States  mineral  laws  on  July  1,  1909,  That  said  quartz  mineral 
claim  is  situated  on  the  NEJ4  NE^  of  Sec.  31Tp.  38  N.  R.  37  E.  in 
the  Kettle  River  Mining  District,  Ferry  County,  Washington.  That 
since  the  location  of  said  mining  claim  this  affiant  has  done  both 
by  himself  and  by  men  whom  he  has  employed  $400.00  worth  of  work- 
on  said  mining  claim;  that  the  said  work  done  by  affiant  as  aforesaid 
is  upon  four  different  prospect  holes  or  inclined  open  cuts,  all  upon 
the  vein  or  ledge,  which  runs  across  the  land  above  described;  That 
<aid  work  is  all  in  plain  sight  and  that  the  lode  or  ledge  on  said 
property  is  well  defined.  That  said  ledge  contains  mineral  in  place, 
has  two  well  deiined  walls  and  contains  valuable  ore.  This  protest 
only  applies  to  the  said  NEM  NE'/4  of  said  Sec.  31  and  to  the 
NW'4  NYVJ4  Sec.  32,  Tp  38  N.  R.  37  E.  W.  M.  This  affiant  having 
no  interest  in  the  remainder  of  the  land  claimed  by  said  homestead 
entryman. 

The  allegations  of  said  protest  being  by  the  Register  and  Re- 
ceiver deemed  sufficient,  NOW  THEREFORE,  John  T.  Melich,  pro- 
testant  and  John  S.  Metzgar,  protestee,  are  hereby  notified  that  a 
hearing  has  been  ordered  to  take  place  before  the  Register  and  Re- 
ceiver of  the  United  States  Land  Office  at  S;  okane.  Washington,  at 
10  o'clock  A.  M.  on  December  7,  1911,  ;.t  which  time  and  place  you 
and  each  of  you  may  be  present  with  your  witnesses  and  introduce 
such  rrstiiv.ony  ;;s  you  may  desire  bearing  upon  the  issues  involved. 

HAL  J.  COLE,  Register. 
L.  P..  NASH.  Receiver. 
FORMAL  WITHDRAWAL  OF  PROTEST. 

Boyd.  Ferry  Co..  Wash..  November  28th.   1911. 
Mr.  Hal  J.  Cole,  Register,  U.  S,  Land  Office,  Spokane,  Wash. 
Dear  Sir: — 

This  is  to  inform  you  that  I,  J.  T.  Melich.  am  in  Mo-v^sion  of  ii\r 


THE  TROUBLES  OF  A  PROSPECTOR  15 

quartz  mineral  claims  by  law,  all  joining  one  another  on  the  north  of 
the  Greenhorn  quartz  mineral  claim. 

My  improvements  amount  to  abrut  $3000.00  and  the  rest  of  the 
assessment  work,  should  be  done  on  the  main  tunnel  of  the  Green- 
horn quartz  mineral  claim. 

John  Smetzgar  has  given  me  a  contract  for  all  of  the  mineral 
that  is  in  under  the  ground,  thai:  I  have  got  staked  out  on  his  home- 
stead. And  about  8  acres  of  surface  ground  that  is  not  on  the  lines  of 
least  resistences  that  is  necessary  to  have  in  order  to  work  the  main 
tunnel  of  the  Greenhorn  quart/  mineral  claim.  Situated  on  the  Vv".  Vi 
of  the  N.  E.  l/4  of  the  N.  E.  l/4  of  S.  31  Township  38,  N.  R.  37  E.  W.  M. 

This  suits  me,  although  I  would-  sooner  had  3  acres  on  the  line 
of  least  resistance  that  is  necessary  to  have  in  order  to  work  the 
main  tunnel  on  the  Greenhorn  slaim. 

The  east  part  of  the  20  acres  on  the  west  part  above  mentioned 
would  be  sufficient. 

Everyone  knows  or  should  know  that  a  poor  prospector  that  has 
got  to  go  out  to  look  for  work  to  earn  money  enough  to  buy  his  bacon 
and  pack  it  up  those  high  mountains  has  not  got  money  to  pay  for 
witness  myself  to  go  100  miles  to  Spokane,  Washington,  for  us  to 
appear  at  the  hearing  of  my  protest  at  Spokane,  10  A.  M.  December 
7th,  1911. 

So  I  will  withdraw  my  protest  against  John  Smetzgar.  final 
proof  proceedings  Serial  No.  03838.  and  take  chances  on  the  law  of 
human  rights. 

I  have  had  the  human  rights  so  far  by  law  to  w>rk  my  claim, 
and  I  earnestly  still  think  that  I  have  got  the  human  rights  to  keep 
on  working  the  main  tunnel  on  the  Greenhorn  quartz  mineral  claim. 

I  want  you  to  answer  right  away  and  let  me  know  if  I  have  got  to 
stop  working  the  main  tunnel  on  the  Greenhorn  Mineral  Claim  be- 
fore I  make  too  much  of  a  showing  that  the  character  of  the  sar- 
rounding  lands  is  mineral  and  that  I  am  going  to  'rave  a  mine  here 
on  this  land  or  this  homestead  of  John  Smetzgar. 

This  is  a  copy  similiar  to  the  one  I  sent  to  the  U.  S.  Land  of 
Spokane,  Washington  to  Mr.  Hal  J.  Cole  but  did  not  get  an  answer 
and  that  is  the  way  I  have  been  treated  all  the  way  through.  I  de- 
mand an  answer. 

JOHN  T.   MELICH. 
Boyds,   Ferry   Co.,   Wash.,   March    5th,    1912, 


16  THE  TROUBLES  OF  A  PROSPECTOR 

Department  of  the  Interior  General  Land  Office,  Washington  D.  C. 
Dear  Sir:— 

In  reference  to  Spokane  03838  "n"  J.  P.  B.  let  me  first  call  your 
attention  to  some  of  the  reasons  that  I  propose  her.  in  the  justifica- 
tion of  words  uterances  ar;d  the  acts  \vhatever  they  may  have  been. 

In  the  hearing  of  John  Smetzgar  final  proof  proceeding  serial 
No.  03838  at  12:30  P.  M.  September  6th,  1911  before  commissioner 
W.  C.  Kirk  at  Marcus,  Stevens  Co.,  Wash.  When  1  vas  in  Spokane 
Wash,  on  Oct.  1st,  1911  I  told  Mr.  Hal  J.  Cole,  register  of  the  U.  S. 
Land  office  that  Mr.  James  Regan  and  Mr.  Hans  Fleckl  and  Mr. 
John  Smetzgar  all  were  in  the  office  at  the  same  time  when  they 
gave  in  their  evidence  or  suppose  to  give  it  to  Mr.  Commissioner 
W.  C.  Kirk  handed  Mi.  James  Regan  and  Mr.  Hans  Fleckl  both  at 
the  same  time  a  document  to  read  after,  they  had  read  it  they  both 
signed  it  at  the  same  time  ard  that  is  all  that  there  was  to  the  hear- 
ing of  witnesses  of  the  case  of  John  Smetzgar  final  proof  proceeding 
at  Marcus,  Wash...  September  6th,  1911. 

When  I  told  this  to  Mr.  Hal  J.  Cole.  Register  of  the  U.  S.  L:  ncl 
otfM-e  of  Spokane  Wash,  he  got  mad  at  me  right  before  two  witnes- 
ses Mr.  Thomas  Root  and  Mr.  Olef  Olsen,  because  1  had  part  of  the 
hearing  of  John  Smetzgar  final  proof  proceedings  published  in  the 
Kettle  River  Journal,  Orient,  Ferry  Co..  Wash. 

It   was   plain    enough    for   me   to   see    that   it   was   useless   for   me 

to   speak  of  the  pure  simple  and   truthful   facts  that  the  character  ot 

the  land  subscribed  is  mineral,  and  that  my  side  of  the  case  has  not 

been  recognized  from  beginning  to  end.     As  you  can  see  that  part  ot 

my  evidence  that  I  got  in  at  the  hearing  of  John  Smetzgar  final  proof 

proceedings   at    Marcus    Wash.    Sept.   6th.    1911    was    all    rejected    and 

>t  no  use  to  be  recognized  in  the  U.  S.  Land  office  of  Spokane.  Wash. 

They  have  all   been   returned  back  to  me   with   a   statement  from 

Hal  J.  Cole  that  they  are  of  no  use  to  this  office.      I   am   writing 

so  as  you  will  have  a   clearer  understanding  of  the   facts  of  this 

case  just  as  they  are. 

J.   T.    MKLICH. 

I    want    an   answer  to   this,  if    I    am    not    recognixrd   iiere    I 

Have  to  try  something  else  until   I  am  recognized 

In  reference  to  Spokane  03838  "N"  J.   P.   B.  ;m(l  referring  to  tl,i« 

the  Marcus  Messenger  stating  that   I,  J.  T.  Melich  from   Boyds 

was  m  Marcus  Thursday,  September  7th,  1911  this  is  an  infernal' false- 


THE  TROUBLES  OF  A  PROSPECTOR  17 

hood  of  a  lie.  I  was  not  in  Marcus.  Stevens  County,  Wash,  on  the 
7th  of  September  1911.  T  was  in  Marcus  Messenger  Office  on  the 
5th  of  September,  1911,  talking  to  the  Auditor  myself.  I 
asked  him  if  he  had  any  mineral  protest  blanks  and  he  said  "No  I 
haven't".  He  said  "What  do  you  want  them  for?"  I  told  him  that 
John  Smetzgar's  hearing  final  proof  proceeding  was  to  come  oft  here 
at  Marcus,  Stevens  County  on  September  6th,  1911  and  that  my  time 
was  short  in  making  *out  a  protest  against  John  Smetzgar  final  proof 
proceedings  Serial  No  03838. 

Now  ads  like  this  do  not  happen  without  cause.  It  only  goes  to 
show  by  this  ad.  being  published  that  in  the  eyes  of  the  women  and 
men  of  this  nation  that  I,  J.  T.  Melich  was  not  at  the  hearing  of 
John  Smetzgar  final  proof  proceedings  showing  that  the  land  de- 
scribed was  mineral  and  John  S.  Metzgar  has  tried  many  different 
ways  to  make  final  proof  in  absence  of  my  showing  that  the  surround- 
ing character  of  the  land  is  mineral. 

He  swore  before  Commissioner  Kirk  at  Marcus  September  6th 
1911  at  the  hearing  he  said  that  he  put  one  acre  of  land  under  culti- 
vation on  the  N.  E.  l/4  of  the  N.  E.  j4  of  Sec.  31,  Township  38  N.  R. 
37  E.  W.?.  Now  Thomas  Root  put  this  one  acre  of  land  under  culti- 
vation some  years  ago  in  a  mistake  thinking  it  was  his  own  home- 
stead that  he  was  improving,  John  S.  Metzgar  knowing  all  the  time 
that  it  did  not  belong  to  Thomas  Root,  but  would  not  tell  him  while 
he  was  clearing  it  but  waited  until  he  had  it  all  plowed,  harrowed, 
seeded  and  fenced  in  and  then  John  S.  Metzgar  told  Thomas  Root 
that  that  land  belonged  to  him  and  took  all  his  work  away  irorn  him. 
What  is  this  world  coming  to  when  we  have  got  to  honor  meanness 
and  starve  generosity. 

When  1  was  in  Spokane,  Oct.  1st,  1911  I  asked  Mr.  Hal.  J.  Cole 
right  before  Mr.  Thomas  Root  and  Mr.  Olef  Olson  that  I  \\ished  to 
see  the  evidence  about  that  one  acre  of  land  in  the  N.  E.  54  of  the 
N.  E.  l/4  of  Sec.  31  Township  38,  R.  37  E.  W.  M.  and  Hal  J.  Cole 
said  that  John  S.  Metzgar  evidence  shows  that  he  has  no  improvements 
on.  the  N.  E.  %  of  the  N.  E.  l/4.  Now  this  goes  to  show  that  the 
final  proof  of  John  S.  Metzgar  proceedings  after  the  hearing  at  Marcus. 
Wash.  September  6th,  1911  has  been  refrained  to  suit  the  privileged 
party.  This  is  a  fact  that  cannot  be  denied  for  John  Smetzar  gave 


18  THE  TROUBLES  OF  A  PROSPECTOR 

m  his  testimony  to  Mr.  Commissioner  Kirk  ri^ht  before  Mr.  Lea 
White  and  J.  T.  Melich  between  the  hours  of  1  and  2  P.  M.  September 
5th  1911  at  Marcus,  Wash,  stating  that  he.  John  Smetzgar  put  one 
acre  of  land  under  cultivation  on  the  N.  E.  T^  of  the  N.  E.  l/±  of 
Sec.  31  of  Township  38  N.  R.  37  E.  W.  M. 

If  I   do   not  get  a   square   deal   in    this   matter   vou   will   confer  me 
great  favor  by  returning  this  matter  all  back  to  me.     Answer. 

J.  T.   MELICH. 

Mr.  John   T.   Melich,   Boyd's,  Washington. 
Sir: 

In   reply  please   refer   to   Spokane  03838  "N"  JPB    1   x   R    &   R 

ends. 

Department  of  the  Interior 
General   Land   Office.   Washington,  April3,    1912. 

Information. 

Mr.  John  T.  Melich,   Boyd's  Washington 
Sir: 

In  reply  to  your  letter  of  March  5,   1912,  our  records  show  that 

Snoka  i&SF  T iUSt  lie  h°meStead  entr^  «f  J-h"  S.  Metzgar, 
Spokane  03838,  as  the  result  of  which  a  date  for  hearing  was  set, 

you  filed  a  stipulation  whereby  you  were  to  withdraw  protest 
d  Metzgar  was  to  allow  you  to  conduct  your  mining  operations 
on  the  land  m  controversy.  The  stipulation  indicated  quite  strongly 
that  the  land  was,  infact,  valuable  for  mineral,  and  this  office  there- 
fore, by  letter  of  January  31,  1912  refused  to  allow  your  protest  to 
be  withdrawn,  and  the  local  officers  were  directed  to  set  another 
date  fo  r  the  hearing,  the  homestead  entry  to  remain  suspended  in 
rne  meantime. 

You  admit  receiving  copy  of  office  .letter  of  January  31,  1912,  to 
s  effect,  but  you  seem  disinclined  to  proceed  with  a  hearing  'as- 
singmng  the  expense  thereof  as  areason  for  hesitating  The  local 
officers  will,  in  any  event,  set  a  date  for  a  hearing  and,  in  case  you 
fail  to  appear,  the  testimony  of  the  homesteader  will  be  taken  and 
a  decision  rendered  thereon. 

The  various  items  of  correspondence  which  vou  transmitted  with 
your  letter  of  March  5,  1912,  is  returned  herewith  as  requested. 
S.  V.   PROUDF1T,  Assistant  Commissioner. 


THE  TROUBLES  OF  A  PROSPECTOR  19 

Board  of  Law  Review,  By  W.  B.  Pugh.  3-20-12  cv 

U.  S.  Land  Office,  Spokane,  Washington,  February  6,  1912. 

J.  T.  Melich,  Boyds,  Washington. 

Sir:  In  the  matter  of  the  conflict  between  your  mineral  Green- 
horn Claims  and  the  Homestead  Entry  of  John  S.  Mtrtzgar,  No.  03838, 
for  patent  to  the  NW%  NW>4  Sec.  32,  and  NE^  NEK  Sec.  31,  T.  38 
N.,  R.  37  E.,  W.  M.,  I  have  to  advise  that  your  conditional  with- 
drawal of  your  protest  was  duly  transmitted  to  the  office  of  the  Honor- 
able Commissioner  of  the  General  Land  Office,  at  Washington,  D.  C., 
and  that  the  Assistant  Commissioner  did,  on  the  31st  of  January, 
1912,  by  his  letter  "N",  refuses  to  recognize  your  withdrawal  of  pro 
test.  The  homestead  will  not  be  allowed  patent  until  this  matter  is 
adjusted,  and  then  only  to  land  which  is  proven  to  be  non-mineral 
in  character. 

You  will  be  allowed  thirty  days  from  date  of  receipt  of  this 
notice  in  which  to  make  formal  application  for  a  hearing  of  this  case. 
In  the  event  of  your  failure  to  make  such  application,  appropriate 
recommendation  will  be  made  by  this  office  to  the  General  Land 
Office. 

A  copy  of  the  Assistant  Commissioner's  letter  is  herewith  inclosed 
for  your  information,  and  it  is  all  the  information  we  have  in  the 
matter. 

We  respectfully  urge  that  whatever  action  you  take  be  made  at 
once,  or  at  any  rate  within  the  thirty  days  allowed. 

Very   respectfully, 
Incl.  HAL  J.  COLE,  Register. 

In  reply  please  refer  to  Spokane  03838  "N"  JPB  2x. 

Department   of   the   Interior 
General  Land  Office,  Washington,  D.  C.,  January  31,  1912. 

Protest  not  allowed  to  be  dismissed. 
Register  and  Receiver,  Spokane,  Washington. 

Sirs:     April    15,    1905,  John   S.    Metzgar   filed   homestead   applica- 


20  THE  TROUBLES  OF  A  PROSPECTOR 


tion  648,  C.  S.  (03838)  for  the  NJ4  NW*4,  SW^  NWJ4  Sec.  32,  and 
the  NEK  NE'4  Sec.  31,  T.  38  N.,  R.  37  E.,  and  made  final  proof 
September  6,  1911,  before  United  States  Commissioner  W.  C.  Kirk. 

By  letter  of  September  6,  1911,  to  the  Bureau  of  Mines,  referred 
to  this  office,  Mr.  J.  T.  Melich,  Boyds,  Washington,  complained  that 
the  land,  or  a  part  of  the  same,  was  mineral  and  embraced  within  a 
mining  claim  belonging  to  him,  and  desired  information  how  to  assert 
his  claim.  Accordingly,  by  letter  of  September  30.  1911,  Mr.  Melich 
was  advised  that  he  might  file  in  your  orifice  a  duly  corroborated 
protest,  under  oath,  alleging  the  land  to  be  mineral,  and  stating,  with 
as  much  clearness  as  possible,  the  facts  establishing  the  mineral 
character  of  the  same,  enumerating  any  discoveries  of  mineral  made 
thereon,  etc.,  and  that,  if  such  a  protest  were  filed,  he  would  be 
afforded  an  opportunity  to  establish  his  allegations. 

This  office  is  now  in  receipt  of  a  communication  from  you, 
inclosing  notice  of  a  hearing  set  for  December  7,  1911,  on  a  protest 
hied  by  Melich,  and  a  stipulation  entered  into  by  Melich  and  Metzgar, 
November  17,  1911,  whereby  the  former  agrees  to  withdraw  his  pro- 
test, in  return  for  which  the  homesteader  is  to  allow  him  the  mining 
privileges  of  the  Greenhorn  mining  claims;  and  also  a  letter  from 
Melich,  dated  November  30,  1911.  to  your  office,  withdrawing  his  pm- 
test,  upon  the  grounds  stated  in  the  stipulation. 

In  view  of  the  facts  disclosed  by  the  record,  it  is.  deemed  highly 
improper  to  allow  final  certificate  to  the  homestead  entry  man,  and 
you  will  notify  him  that  the  homestead  entry  will  remain  suspended 
until  the  hearing  is  had  upon  the  protest  of  Melich.  which  this  office 
refuses  to  allow  to  be  withdrawn. 

Upon  application  therefor,  you  will  set  a  new  date  for  the  hearing 
and  at  the  same  time  will  endeavor  to  bring  out  fully  the  facts 
bearing  upon  the  character  of  the  land. 

At  the  proper  lime  report,  with  evidence  of  service  hcrcunder  on 
both  parties.  Two  copies  inclosed  for  this  purpose. 

Very   respectfully, 
S.  V.  PROUDFIT,  Assistant  Commissioner. 


THE  TROUBLES  OF  A  PROSPECTOR  21 

C.  P.   PUGH. 
1-27-12  Wit 

U.  S.  Land  Office,  Spokane,  Washington,  April  12,  1912. 
John  T.  Melich,  Protestant,  vs.  John  Metzgar,  Protestee. 

NOTICE  OF  HEARING. 

On  April  17,  1905,  John  S.  Metzgar  made  H.  E.  No.  648  C.  S., 
serial  No.  03838.  Proof  was  submitted  September  7,  1911. 

On  October  6,  1911,  protest  of  John  T.  Melich  was  received  and 
tiled  in  this  office,  alleging: 

That  he  is  the  owner  of  and  in  possession  of  the  Greenhorn 
quartz  mineral  claim,  which  said  claim  was  duly  located  according 
to  the  United  States  mineral  laws  on  July  1,  1909,  and  said  quartz 
mineral  claim  is  situated  on  the  NE^4  NE^4  of  Sec.  31,  Township 
38  N.  R.  37  E.  W.  M.  in  the  Kettle  River  Mining  District,  Ferry 
County,  Washington.  That  since  the  location  of  said  mining  'claim, 
that  affiant  has  done  both  by  himself  and  by  men  whom  he  has 
employed,  $400.00  worth  of  work  on  said  mining  claim;  That  the  said 
work  done  by  affiant  as  aforesaid  is  upon  four  different  prospect 
holes,  or  inclined  open  cuts,  all  upon  the  vein  or  ledge  which  runs 
across  the  land  above  described;  That  said  work  is  all  in  plain  sight 
and  that  the  lode  or  ledge  upon  said  property  is  well  defined.  That 
said  ledge  contains  mineral  in  place,  has  two  well  defined  walls  and 
contains  valuable  ore.  This  protest  only  applies  to  the  said  NE^ 
NEJ4  of  said  section  31,  and  to  the  NWJ4  NW%  of  Sec.  32,  Tp.  38 
X.  R.  37  E.  W.  M.  This  affiant  having  no  interest  in  the  remainder 
of  the  land  claimed  by  said  homestead  entryman. 

By  Hon.  Commissioner's  letter  "N"  of  April  4,  1912,  this  office 
was  instructed  to  set  a  new  date  for  hearing  in  the  above  case.  Now, 
therefore,  John  T.  Melich,  protestant,  and  John  S.  Metzgar,  protestee, 
are  hereby  notified  that  a  hearing  has  been  ordered  to  take  place 
before  the  Register  and  Receiver  of  the  United  States  Land  Office  at 
Spokane,  Washington,  at  10  A.  M.  on  June  6,  1912,  at  which  time  and 
place  you  and  each  of  you  may  be  present  with  your  witnesses  pre- 


22  THE  TROUBLES  OF  A  PROSPECTOR 

pared  to   introduce   such   testimony   as   you   desire   bearing   upon    the 
issues  involved. 

HAL   J.    COLE,    Register. 
L.   B.   NASH,   Receiver. 
Boyds,  Ferry  Co.,  Wash.,  Feb.  26th,  1912. 
U.  S.  Land  Office,  Spokane.  Wash. 

Mr.  Hal  J.  Cole,  (Register) 

Sir:  Yours  of  the  6th  inst.  at  hand.  I  have  been  snowed  in  up 
here  on  my  claim  and  did  not  get  to  town  only  once  or  twice  a 
month  for  my  mail  and  that  is  why  I  am  so  late  in  answering  your 
notice. 

With  reference  to  a  hearing  on  my  protest  against  John  Smetzgar 
final  proof  proceedings  serial  No.  03838,  I  had  to  sell  everything  that 
I  had  up  here  that  was  of  any  value  in  order  to  keep  me  a  live,  while 
I  was  doing  the  assessment  work  on  my  claims  for  the  year  1911  and 
this  protest  fight  so  far  has  just  drained  me  dry.  I  have  nothing 
left  that  would  pay  for  return  passes  for  my  witness  and  myself  to  go 
100  miles  to  Spokane  to  the  hearing  of  my  protest  showing  that  the 
character  of  the  land  on  the  Greenhorn  Mineral  claims  is  mineral. 
Unless  existing  conditions  are  radically  changed  and  so  arranged  that 
you  will  send  me  the  return  passes  that  will  take  us  on  any  day  that 
you  will  set  for  the  hearing  of  the  protest  I  cannot  think  of  no  way 
by  which  I  could  take  the  Greenhorn  quartz  mineral  claims  into 
Spokane,  so  as  you  could  take  a  look  at  them. 

It  would  be  cheaper  for  you  to  come  up  here  to  see  the  character 
of  the  land  on  the  Greenhorn  claims.  You  could  get  more  of  the 
pure  simple  and  truthful  facts  that  the  character  of  the  land  is  mineral. 


THE  TROUBLES  OF  A  PROSPECTOR  23 

than  you  could  get  at  a  hearing  either  by  word  or  mouth.  If  you 
cannot  come  send  up  your  mineral  expert.  He  can  adjust  the  facts 
just  as  they  are  of  the  Greenhorn  minerals  claim  and  what  more  do 
you  want  than  the  fcts. 

I  know  that  your  Mr.  Hall  J.  Cole  has  told  me  once  before  that 
J.  Melich  should  dispose  with  part  of  my  mining  claims  to  some  one 
that  would  have  the  courage  to  defray  the  expense  of  this  protest 
tight. 

Now  to  sell  anything  right  in  the  midst  of  these  hard  times  in  a 
hurry  I  would  have  to  sell  it  at  99-100  per  cent  less  than  the  actual 
value  of  it.  The  First  Thought  Mine  is  valued  at  $10,000,000.00  at 
Orient,  Wash,  it  has  been  shut  down  for  the  last  7  months.  The 
Napoleon  Mine  is  about  4  miles  S.  E.  from  the  Greenhorn  claims 
and  is  valued  at  $1,000,000.00  it  has  been  shut  down  since  Oct.  1911 
and  about  the  time  you  told  me  that  I  should  dispose  of  my  claim 
most  of  all  the  mining  brokers  and  real  estate  men  were  moving  out 
of  their  offices  because  business  was  so  slack  that  they  could  not  pay 
their  rent,  right  in  your  city  of  Spokane,  Wash.  I  demand  an  answer. 

J.  T.  MELICH. 
CMS  U.  S.  Land  Office,  Spokane,  Washington, 

February  29,  1912. 
J.  T.  Melich,  Boyds,  Washington. 

Sir:  In  one  matter  you  mention  in  your  letter  of  the  26th  instant, 
I  beg  to  inform  you  that  you  are  absolutely  mistaken  when  you  inti- 
mate that  any  member  of  this  office  suggested  that  you  sell  all  or  any 
portion  of  your  mining  claim  to  pay  the  expenses  of  a  contest,  or  for 
any  other  purpose.  This  office  has  not  one  bit  of  interest  in  this  case. 
We  barely  know  you  and  Mr.  Melich.  We  are  simply  endeavoring 
to  carry  out  the  directions  of  the  Commissioner  of  the  General  Land 
Office.  You  are  further  informed  that  this  office  has  no  authority  to 
order  mineral  experts  to  examine  the  land  in  litigation.  You  are 
still  further  informed  that  your  time  allowed  for  making  application 
for  hearing  expires  April  6,  1912.  Very  respectfully, 

HAL  J.  COLE,  Register. 
Boyds,  Ferry  Co.,  Wash.,   May  12th,   1912. 
Mr.  Hall  J.  Cole,  Register  of  U.  S.  Land  Office. 
Spokane,  Wash. 

Sir:  Reference  to  the  hearing  of  my  protest  against  John  S. 
Smetzgar  final  proof  proceeding  serial  No.  03838.  Hearing  has  been 


24  THE  TROUBLES  OF  A  PROSPECTOR 

ordered  to  take  place  before  the  register  and  receiver  of  the  U.  S. 
land  office  at  Spokane,  Wash.  June  6th  at  10  A.  M.— 1912.  You  have 
informed  me  to  get  uninterested  parties  for  my  witnesses,  so  I  will 
name  Mr.  Hans  Fleckl,  Mr.  James  Regan  all  ot  Boyds,  Wash.  anVl 
Mr.  U.  S.  Commissioner  W.  C.  Kirk  of  Marcus.  Wash. 

These  witnesses  will  not  go  for  me  for  they  are  uninterested 
parties  just  as  you  have  advised  me  to  get  for  my  witnesses.  You 
will  have  to  subpoena  them  with  a  summons  to  appear  at  the  hearing 
of  the  above  date  described  and  you  will  have  to  notify  them  to  get 
some  of  the  ore  that  is  in  place  out  of  the  main  tunnel  and  ore  that  is 
in  place  from  the  apex  of  the  Greenhorn  Mineral  claim  and  bring  the 
ore  to  the  hearing  of  the  protest,  so  as  it  can  be  introduced  as 
evidence. 

Hope  that  this  will  meet  with  your  entire  approval. 

JOHN  T.  MELICH.  Protestant. 
CMS  United   States    Land   Office, 

Spokane,  Washington,  May  16.  1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  the  12th  instant.  I  will  say  that 
it  appears  that  you  have  obtained  the  wrong  understanding  as  to  the 
kind  of  witnesses  you  have  to  have  to  appear  at  the  hearing  between 
you  and  Mr.  Metzgar,  set  for  June  6,  1912,  in  this  office.  Some  time 
ago  when  you  were  directed  to  make  application  for  a  hearing,  you 
were  informed  that  you  should  make  an  affidavit  showing  that  you 
have  a  really  valuable  mineral  property,  what  you  have  done  in  the 
way  of  development,  if  anything,  etc.,  and  that  your  affidavit  should 
be  corroborated  by  two  or  more  disinterested  persons  having  know- 
ledge of  the  facts  set  up  in  your  affidavit.  The  HEARING  is  a  very 
different  matter.  You  are  allowed  to  have  whomsoever  you  wish 
without  regard  to  their  being  interested  or  disinterested  witnesses, 
[f  you  wish  this  office  to  issue  subpoenas  for  any  witnesses,  kindly 
furnish  the  names  and  addresses  of  those  persons  you  wish  subpoe- 
naed, and  the  subpoenas  will  be  prepared  and  mailed  to  you  for 
service. 

As  to  the  ore  you  mention,  this  office  has  no  right  to  have  any- 
thing  to    do    with    that.      If   you    wish    samples    to   be    introduced   as 
exhibits,  it  will  be  necessary  for  you  to  furnish  the  same.      You  can 
bring  whatever  number  of  witnesses  you  wish,  be  that  many  or  few. 
Very   respectfully. 

HAL    J.    COLE.    Register. 


THE  TROUBLES  OF  A  PROSPECTOR  25 

Boyds,  Ferry  Co.,  Wash.,  May  23rd,  1912. 
Hal  J.  Cole.  Register  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  In  reply  to  your  letter  of  the  16th  inst.  you  will  have  to 
subpoena  for  my  witnesses  Mr.  Thomas  Root — Mr.  Lea  White  and 
Mr.  Hans  Fleckl  all  of  Boyds,  Wash,  to  appear  at  the  hearing  of  my 
protest  against  John  Smetzgar  final  proof  proceedings  serial  No. 
03838  in  Spokane.  Wash.  June  6th,  1912. 

Mr.  Hal  J.  Cole  you  have  stated  in  your  letter,  of  the  above  date, 
as  to  the  ore  that  I,  John  T.  Melich,  have  mentioned  is  in  place  on 
the  Greenhorn  Mineral  Claim  to  introduce  as  evidence  as  to  the 
character  of  the  land  on  the  Greenhorn  Mineral  Claim  being  mineral 
in  character,  you  said  this  office  has  no  right  to  have  anything  to  do 
with  that. 

I  demand  an  answer. 

JOHN   T.   MELICH,   Protestant. 
CMS  United  States  Land  Office, 

Spokane,  Washington,  May  24,  1912. 
John   T,   Melich,   Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  the  23rd  instant,  I  have  prepared 
and  signed  subpoenas  calling  upon  Thomas  Root,  Hans  Fleckl,  and 
Lea  White,  all  of  Boyds,  Washington,  to  appear  at  this  office  on 
June  6,  1912,  as  witnesses  for  you  in  tiie  case  entitled  John  T. 
Melich  vs.  John  S.  Metzgar,  same  to  be  tried  that  date.  The  sub- 
poenas are  herewithin  inclosed  for  service. 

Incls-3.  Very   respectfully, 

HAL  J.  COLE,  Register. 

Boyds,  Wash.,  Oct.  24,  1912. 
Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  With  reference  to  the  decision  rendered  in  my  favor  of 
serial  No.  03838  by  the  register  and  receiver  of  the  U.  S.  Land  Office 
of  Spokane,  Wash,  you  will  confer  me  a  favor  by  letting  me  know  if 
Lawyer  C.  C.  Upton  is  representinfi  me,  J.  T.  Melich,  in  the  appeal 
that  John  Smetzgar  is  taking  in  the  above  decision  by  appealing  to 
the  Commissioner  of  the  General  Land  office  of  Washington,  D.  C. 

I  wrote  to  Mr.  C.  C.  Upton  over  a  week  ago  about  this  matter, 
but  did  not  get  an  answer  as  yet.  This  leaves  me  totally  unconscious 
as  to  the  facts  of  everything  in  the  action  there  has  been  taken  in  the 


26  THE  TROUBLES  OF  A  PROSPECTOR 

above  matter.     Pleace  give  me  answer.     This  mountain  is  all  covered 

with  winter  whiteness  now  and  it  wont  be  long  before  I  am  snowed  in. 

Very  truly  yours, 

J.  T.  MELICH: 
GM§  United   States   Land   Office, 

Spokane,  Washington,  October  25,  1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  the  24th  instant,  you  are  advised 
that  the  records  of  this  office  show  that  Hern  &  Upton  are  acting  as 
attorneys  for  yourself,  and  that  attorney  N.  D.  Walling  is  acting  as 
attorney  for  John  S.  Metzgar.  Mr.  Walling  recently  tiled  an  appeal 
from  the  decision  of  this  office  and  the  same,  with  all  papers,  was 
transmitted  to  the  General  Land  Office,  Washington,  D.  C..  on  the 
24th  instant  (yesterday). 

You  will  be  advised  when  any  information  is  received. 
Very   respectfully, 

HAL  J.  COLE,  Register. 
Boyds,  Wash..  Nov.  4th,  1912. 
Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  In  reference  to  the  decision  rendered  in  my  favor  of  serial 
No.  03838  by  the  register  and  Receiver  of  the  U.  S.  Land  Office. 
Spokane,  Wash.,  you  are  absolutely  mistaken  when  you  say  as  stated 
in  your  letter  dated  Oct.  25,  1912,  that  Attorneys  Hum  and  Upton 
are  representing  me,  J.  T.  Melich,  in  the  appeal  that  John  Smetzgar 
is  taking  the  above  decision  by  appealing  to  the  commissioner  of  the 
General  Land  Office  of  Washington,  D.  C. 

I  have  letters  from  Mr.  C.  C.  Upton  stating  that  he  never  was 
hired  to  represent  me,  J,  T.  Melich,  in  the  above  matter  and  would 
not  know  Mr.  Hum  if  I  saw  him.  I  would  not  know  him  for  I  have 
never  met  him  in  my  life.  T  have  never  hired  a  lawyer  to  represent 
me,  J.  T.  Melich,  and  Mr.  Upton  claims  that  he  was  not  hired  by  any- 
one to  represent  me,  J.  T.  Melich,  in  the  above  matter,  yet  their 
"must  be  some  reason"  why  T,  J.  T.  Melich  was  not  served  with  a 
copy  of  the  John  Smetzgar  brief  of  appeal.  There  must  be  some 
secret  work  going  on  that  pretends  to  deceive  me  in  this  above  matter. 
Everybody  in  the  whole  country  around  here  was  talking  about  the 
above  desicion  rendered  in  my  favor  two  weeks  before  I  got  word 
from  Upton  about  it,  and  then  I  would  not  have  got  the  answer  if  I 
had  not  wrote  to  Mr.  Upton  asking  him  if  Mr.  Moore  had  paid  him 
the  money  he  owed  him. 


THE  TROUBLES  OF  A  PROSPECTOR  27 

This  action  is  going  on  for  no  other  reason  than  to  keep  me,  J. 
T.  Melich,  totally  unconscious  of  the  facts  of  everything  pertaining 
to  the  action  that  there  has  been  taken  in  the  above  matter  at  the 
hearing  of  the  protest  at  10  A.  M.  June  6th,  1912  when  I  was  told  by 
Hal.  J.  Cole  to  take  the  witness  chair,  I  demanded  a  copy  of  the 
hearing  of  the  protest  but  have  never  received  one  yet.  You  will 
confer  me  favor  by  sending  it  to  me,  and  I  also  would  like  to  have 
a  copy  of  the  final  proof  proceedings  that  have  taken  place  12:30  P.  M. 
Sept.  6th,  1911  at  Marcus,  Wash.  As  ever  yours, 

JOHN  T.  MELICH. 

CMS  U.  S.  LAND  OFFICE 

Spokane,  Washington,  November  5,   1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  Your  letter  of  the  4th  instant  received.  In  reply  thereto  you 
are  advised  that  the  records  show  that  the  parties  named  in  our  last 
letter  are  your  attorneys.  Since  you  say  that  this  is  not  the  case,  you 
are  advised  that  this  office  will  serve  you  .personally  with  all  notices, 
whenever  there  are  any  more  to  be  served.  It  is  customary  for  Land 
Offices  to  serve  attorney  in  a  case,  but  since  you  have  informed  us 
that  you  have  not  attorneys,  all  notices  in  the  future  will,  as  I  have 
said,  be  served  on  you  personally. 

This  office  knows  of  no  secret  work  "going  on".  Neither  do  we 
believe  that  there  is  any  such  secret  work.  It  is  respectfully  sug- 
gested that  if  there  is  any  doubt  in  your  mind  as  to  the  attitude  of 
this  office  being  proper  in  every  respect,  that  you  correspond  direct 
with  the  Honorable  Commissioner  of  the  General  Land  Office,  Wach- 
ington,  D.  C. 

You  refer  to  your  having  ''demanded"  a  copy  of  the  testimony 
taken  at  the  hearing.  You  are  informed  that  this  office  knew  noth- 
ing of  you  wishing  a  copy  of  the  testimony.  If  you  wish  a  copy,  it 
can  be  abtained  for  you,  but  you  will,  of  course,  have  to  do  as  did 
Mr.  Metzgar,  pay  for  the  same.  Any  party  in  a  case  has  to  pay  for 
a  typewritten  copy  of  the  transcribed  stenographic  notes.  The  steno- 
grapher states  that  she  will  make  you  a  copy  for  the  sum  of  $5.00,  if 
you  desire  one. 

The   Final   Proof  Papers  of  Mr.   Metzgar  are  all  in   the   General 
Land   Office,  Washington,   D.   C.     By  paying  for  the   work,  you   can 
get  a  copy  by  making  request  of  the  Honorable  Commissioner. 
Very  respectfully, 

HAL.  J.   COLE,   Register 


THE  TROUBLES  OF  A  PROSPECTOR 

Mr.  Hal.  J.  Cole,  j 

U.  S.  Land  Office.  Spokane,  Wash. 

Uoyds,   Ferry   County,  Wash 

November  16th,  1912. 

Sir:  Your  letter  of  the  5th  inst.,  stating  that  the  records  show  that 
the  parties  named  in  my  last  letter  are  my  attorneys.  This  is  not  a 
fact  .  And  I  do  not  know  how  it  ever  got  on  your  records.  There 
must  be  some  seret  work  about  this  matter  between  Mr.  C.  E.  Moore, 
Mr.  Upton  and  yourself.  With  all  the  lawyers  you  have  advised  me 
to  hire  in  this  case,  I  have  never  hired  no  lawyer  yet,  any  more  than 
just  to  write  me  out  a  protest  sheet.  I  never  had  the  money 
since  you  have  made  me  all  this  unnecessary  trouble  that  caused  me 
to  waste  all  of  my  valuable  time,  labor  and  money  that  I  did  have 
So  how  could  I  hire  the  lawyer  that  you  have  mentioned  and  advised 
me  to  hire  when  I  did  not  have  the  money  I  never  hired  no  lawyer 
yet  in  all  of  the  unnecessary  trouble  that  you  have  made  me.  When 
I  told  you  before  that  time  was  valuable  whether  it  was  put  in  good 
use  or  not  and  that  it  should  be  looked  into.  Now  then  if  you,  Mr. 
Hal.  J.  Cole  are  so  prompt  in  putting  everything  on  record  for  law- 
yers that  have  nothing  to  do  with  this  case,  as  stated  in  your  last 
letter  dated  Nov.  5th,  1912-that  this  office  know  of  no  secret  work 
omg  on— referring  to  me  demanding  a  copy  of  the  hearing  of  the 
protest  against  John  S.  Metzgar  final  proof  proceedings  Serial  No 
03838  before  the  Register  and  Receiver  that  has  taken  place  at  10  A 
M.  June  6th  1912,  Spokane,  Wash.  As  1  had  stated  in  my  last  letter 
November  4th,  1912  I  got  a  receipt  from  your  office  sho> 

J-    T    Mclich,   paid  $11.25    (eleven   dollars   and   twenty-live   cents)    for 
he  testimony  taken  at  the  above  hearing.     And  you  claim  that  you 
have  no  records  of  me  demanding  copy  of  the  above  hearing  and  time 
stated  in  my  letter  dated  November  4th,  1912. 

According  to  this  the  morning  session  of  the  hearing  of  the  pro- 

:nat  was  called  up  for  a  hearing  by  Mr.  Hal  J    Cole  at  10  A    M 

>  6th,  1912,  Spokane,  Wash,  has  been  all  refrained  and  know  of  no 

•<is  of  it.     If  that  is  not  secret  work  going  on  1  do  not  know  what 

t  work  is.     And  this  is  the  reason  why  you  do  not  allow  me  to 

have  a  copy  of  the  hearing  of  the  protest.     Now    I   demand  it  again 

d  also  demand  a  copy  of  the  appeal  of  the  decision   given   by   tin- 

Register  and  Receiver  in  my  favor  that  John   Smetzgar  is  taking  hv 

appealmg  to  the  Commissioner  of  the  General  Land  Office    Washing- 

ton,  D.  C.      Please  send  it  to  me.     This  is  the  third  time  that    1    have 


THE  TROUBLES  OF  A  PROSPECTOR 

mentioned  this  matter  to  you  and  have  not  received  one  yet.  I  do 
not  think  that  it  is  right  that  I,  J.  T.  Melich,  should  be  kept  totally 
unconscious  of  the  facts  of  everything  pertaining  to  the  action  that 
has  been  taken  in  the  above  matter. 

You  are  paid  a  salary  by  the  people  of  this  grand  nation  for  your 
service.  You  must  serve  the  people.  You  must  not  use  your  propped 
up  authority  in  making  the  people  serve  you.  Truth  for  authority 
and  not  authority  for  truth  in  serving  lawyers  that  I  know  nothing  of, 
that  they  have  anything  to  do  with  this  above  matter.  As  actions 
speak  louder  than  words,  you  must  be  more  careful  as  to  how  you  act. 
You  have  stated  in  your  letters  that  you  have  shaped  and  formed 
habits  to  serve  lawyers.  I  know  that  without  you  telling  me,  that  you 
have  your  habits  with  you  and  they  will  linger  with  you  until  death. 
Your  habits  in  serving  lawyers  will  haunt  you  to  your  grave.  Why 
don't  you  tell  me  something  that  I  do  not  know  anything  about.  Tell 
me  something  about  the  action  that  there  has  been  taken  in  John 
Smetzgar  appeal  to  the  Commissioner  of  Land  Office,  Washington. 
D.  C.  Grafters  can  only  exist  among  suckers.  A  gentleman  will 
have  no  dealings  with  a  grafter,  not  if  there  is  any  way  of  getting 
away  from  him.  Any  one  that  spends  his  whole  life  with  suckers 
becomes  the  product  of  his  conditions.  And  of  course  when  he  comes 
.in  contact  with  a  gentleman  he  gets  the  direct  results  of  the  punish- 
ment that  comes  from  the  reaction  of  his  acts  in  spending  his  whole 
life  with  suckers.  Would  it  not  be  lots  better  if  you  had  shaped  and 
formed  habits  to  serve  the  people,  instead  of  serving  lawyers,  and  not 
try  and  graft  money  from  poor  prospectors  that  have  never  got  money 
enough  to  buy  a  grubstake  or  pay  for  his  bacon  that  he  has  to  pack 
on  his  back  and  pack  up  on  these  high  mountains  before  he  ever  can 
do  his  development  work.  But  you  are  as  ignorant  as  an  iguana  of 
this  fact,  that  is  totally  destitute  of  this  knowledge.  Someone  has 
said  "Ignorance  is  Hell.  Wisdom  is  Heaven.  When  ignorance  rules 
no  more — when  Wisdom  rules.  Hell  will  be  no  more." 

As  ever  Truly  Yours  JOHN  T.   MELICH. 

Department  of  the  Interior,  General  Land  Office. 

RECEIPT.  No.  655129 

U.  S.   Land  Office,  Spokane,  Washington. 

June  6th.  1912. 

Received  of  John  T.  Melich.  Boyds,  Washington,  the  sum  of 
Eleven  Dollars  and  twenty-live  Cents,  Testimony  Fees  paid  by  Con- 
testant in  connection  with  Contest  No.  3303,  filed  again,  SERIAL  No 
03838,  for: 


30  THE  TROUBLES  OF  A  PROSPECTOR 

(Melich  vs.  Metzgar) 

Contest    fees    (Estimated;    not    yet    transcribed)     $11,25.      Total, 
$11.25. 

No.  655129  I,  B.  XASH, 

CES  Receiver  of  Public  Moneys. 

CMS  U.  S.  Land  Office. 

Spokane,  Washington,  November  20,  1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  Your  letter  of  the  16th  instant  received.  In  reply  thereto, 
you  are  advised  that  this  office  has  prepared  a  copv  of  the  Notice  of 
Appeal,  Assignment  of  Errors,  and  Argument,  of  John  S.  Metzgar 
in  the  case  of  John  T.  Melich  vs.  John  S.  Metzgar,  and  the  same  is 
herewith  inclosed  for  your  information  in  the  premises. 
Very  respectfully, 

HAL  T.  COLE,  Register. 

Boyds,  Ferry  Co.,  Washington,  November  26th,  1912. 
Mr.  Hal  J.  Cole,  Register  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  Your  letter  and  the  copy  of  the  notice  of  appeal  of  the  20th 
inst.  received.  For  an  answer  in  return  will  say  that  the  notice  of 
the  appeal  of  the  decision  rendered  in  my  favor  03838  that  John 
Si'.ietzgar  has  appealed  to  the  Commission  of  the  General  Land  Office 
Washington,  D.  C,  is  improper  and  not  being  served  on  me  prop-. 
crly;  that  makes  it  illegal  and  unlawful,  because  it  is  not  signed. 
What  kind  of  a  dirty  filthy  piece  of  foul  work  is  this  done  for  some 
purpose.  Perhaps  if  I  take  action  upon  it  it  will  be  switched  off  on 
some  side  track.  Now  Mr.  Hal.  J.  Cole  what  I  want  to  know  is  this — 
What  action  did  you  take  on  the  ten  pieces  of  mineral  ore  that  was 
introduced  as  evidence  at  the  hearing  of  my  protest  against  John 
Smetzgar  final  proof  proceedings  Serial  No.  03838.  Three  pieces  of 
mineral  ore  that  Mr.  Lea  White  introduced  as  evidence.  Three  pieces 
of  mineral  ore  that  Thomas  Roots  introduced  as  evidence  and  the 
four  pieces  of  mineral  ore  that  I,  J.  T.  Melich,  introduced  as  evidence. 
1  demand  an  answer  on  this  question.  1  want  to  know  what  you 
done  with  the  ten  pieces  of  mineral  ore  that  was  introduced  as 
evidence  at  the  hearing  of  the  protest.  I  am  determined  to  find  out 
and  the  universal  laws  of  determination  will  keep  the  blaze  kindled 
that,  will  flame  until  I  iind  out  what  action  you  have  taken  on  that 
mineral  ore  that  was  introduced  as  evidence  at  the  hearing  of  the 
Protest  Jur.e  6th,  1912.  This  evidence  is  all  paid  for.  As  actions 
speak  louder  than  words,  I  know  you  by  your  actions.  That  is  why 
]  hnd  twc  extra  witnesses  at  the  hearing  of  the  protest  thai  noted 


THE  TROUBLES  OF  A  PROSPECTOR  31 

everything  that  had  transpired  in  the  morning  and  afternoon  ses- 
sions of  the  hearing  of  the  protest  at  10  A.  M.  and  at  2  P.  M.,  June 
6th,  1912.  1  demand  an  answer.  You  did  not  answer  my  questions 
in  my  last  letters. 

Do  you  still  declare  that  your  records  do  not  show  that  I,  J.  T. 
Melich,  had  demanded  a  copy  of  the  hearing  of  the  protest,  as 
stated  -in  my  last  two  letters  dated  November  4th  and  16th,  1912. 
Now  I  demand  it  again.  This  is  the  third  tirne  that  I  have  mentioned 
this  matter  to  you,  and  have  no  answer  yet  and  have  not  received 
a  copy  of  the  the  hearing  of  the  protest  yet.  By  you  boldly  de- 
chiring  that  your  record  do  not  show  that  I,  J.  T.  Melich  have  de- 
manded a  copy  of  the  hearing  of  the  protest,  about  15  minutes  alter 
I  was  told  by  Hal  J.  Cole  to  take  the  witness  chair  at  10  A.  M.  June 
6th,  1912,  Spokane,  Wash.  This  only  gives  evidence  that  you  have 
no  records  to  show  that  there  was  a  forenoon  session  of  the  hearing 
of  the  protest.  Let  me  tell  you  right  here  that  it  is  a  truthful  fact 
that  the  hearing  of  J.  T.  Melich.  mineral  protest  against  John  S. 
Metzgar  final  proof  proceedings  Serial  No.  03838.  the  hearing  of  the 
morning  and  afternoon  sessions  of  the  protest  has  been  reframed, 
after  the  hearing  of  the  protest  of  June  6th.  1912,  Spokane,  Wash. 
And  Hal  J.  Cole  boldly  declares  it  to  be  the  truth,  by  saying  that  he 
has  no  records  to  show  that  there  was  a  morning  session.  And  he 
has  the  umpudence  by  fearlessly  denying  the  truthful  knowledge, 
that  T,  J.  T.  Melich,  have  demanded  a  copy  of  the  hearing  of  the 
mineral  protest  at  the  forenoon  session  that  was  called  up  for  i 
hearing  by  Hal  J.  Cole  at  10  A.  M.  June  6th,  1912,  Spokane,  Wash, 
as  stated  in  my  last  two  letters  dated  November  4th  and  16th,  1912. 
Here  is  one  lesson  of  the  splendid  fact  that  the  hearing  of  the  min- 
eral protest  at  the  above  time  has  been  reframed,  after  the  hearing 
of  the  above  time,  and  this  above  matter  is  the  splendid  and  truth- 
ful reasons  why  Mr.  Hal  J.  Cole,  Register  of  the  U.  S.  Land  Office 
of  Spokane,  Wash,  will  not  allow  or  permit  me.  J.  T.  Melich.  to  have 
a  copy  of  the  hearing  of  the  mineral  protest  against  John  S.  Metzgar 
final  proof  proceedings  Serial  No.  03838.  T  must  take  the  facts  from 
the  hearing.  From  J.  T.  Melich  Mineral  Protest.  Called  up  for  a 
hearing  by  Mr.  Hal  J.  Cole  at  10  A.  M.  June  6th,  1912,  Spokane. 
Wash.  Mr.  Hal  J.  Cole  asked  me  if  I  had  my  witnesses  here.  I, 
J.  T.  Melich,  said  Yes.  And  then  I  pointed  out  Mr.  Thomas  Roots, 
Mr.  Lea  White  as  my  witnesses,  and  then  T,  J.  T.  Meiich,  requested 
Mr.  Hal  J.  Cole  that  the  witnesses  should  go  into  the  witness  room 
and  this  was  granted.  After  swearing  the  witnesses,  Mr.  Ha!  J. 


32  THE  TROUBLES  OF  A  PROSPECTOR 

Cole  asked  me,  J.  T.  Melich,  if  I  had  an  attorney  and  said  No,  that 
1  did  not  have  any  money  to  hire  a  lawyer.  And  then  Mr.  Hal  J. 
Cole  asked  me,  J.  T.  Melich,  if  I  was  going  to  plead  my  own  case 
iind  I  said  Yes.  And  then  Mr.  Hal  J.  Cole  requested  me,  J.  T. 
Mtlich  to  take  the  witness  chair,  and  then  1.  J.  T.  Melich.  proceeded 
by  saying:  Let  me  first  of  all  call  your  attention  to  all  of  the  rea- 
sons that  may  be  proposed  here  today  at  this  hearing.  In  tjie  jus- 
tification of  words,  utterances  and  the  acts,  whatever  they  may  be 
of  this  hearing  here  today,  should  be  put  down  in  black  and  white 
so  as  there  will  be  no  dispute  hereafter  as  to  what  has  been  said  at 
this  hearing  here  today.  And  I,  J.  T.  Melich,  demand  a  copy  of  the 
hearing  of  the  mineral  protest. 

If  I,  J.  T.  Melich,  had  demanded  a  copy  of  the  hearing  of  the 
final  proof  proceedings  that  was  called  up  for  a  hearing  by  United 
States  Commissioner,  Mr.  W.  C.  Kirk,  at  12:30  P.  M.  Sept.  6th,  1911, 
Marcus  Stevens  County,  Wash.  They  would  never  have  dared  to  re- 
frame  the  final  proof  proceedings  to  suit  the  privileged  party  in  the 
manner  in  which  it  has  been  done.  And  there  has  been  quite  a  lot 
of  dirty  ful  filthy  work  going  on  ever  since.  And  I  think  1  have  a 
right  to  introduce  proceedings  to  have  a  stop  put  to  it.  1  don't  know 
whether  the  final  proof  proceedings  were  refrained  in  Commissioner 
W.  C.  Kirk's  office  after  the  hearing  at  Marcus,  Sept.  6th,  1911,  or 
wether  it  was  refrained  in  the  U.  S.  Land  Office  of  Spokane,  Wash. 

Just  right  there  and  then  Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land 
Office,  Spokane,  Wash,  had  the  gall  to  get  up  and  interrupt  me  that 
caused  me  to  break  the  current  of  my  evidence  that  I  was  about  to 
give  some  of  the  facts  that  the  final  proof  has  been  refrained  after 
the  hearing  of  September  6th,  1911.  But  Mr.  Hal  J.  Cole  stopped 
me  by  saying  that  this  case  will  not  go  on  farther  until  1,  J.  T.  Melich, 
put  up  ten  dollars  ($10.00).  And  then,  I.  J.  T.  Melich,  said  that  this 
is  violating  the  Laws  of  our  Constitution  of  ihis  Country,  that  have 
been  bought  and  paid  for  so  dearly  with  the  very  heart  and  life  blood 
of  our  forefathers,  and  before  their  limbs  grew  stiff  and  cold  their 
life  blood  dyed  it  print  of  every  folds,  in  order  That  coming  genera- 
tions may  have  the  pleasure  to  enjoy  life  liberty  and  the  pursuit  of 
happiness.  The  Constitution  of  this  Country  gives  the  right  of  free 
speech,  tree  press,  free  assemblage,  and  the  right  above  all  to  defend 
ourselves  in  self-defense  and  everything  else  that  is  for  hum-in  rights 
is  constitutional.  The  constitution  of  this  countrx  savs  if  anyone 
is  indicted  for  a  crime  they  must  be  considered  innocent  until  proven 
guilty. 


THE  TROUBLES  OF  A  PROSPECTOR  25 

Boyds,  Ferry  Co.,  Wash,  May  23rd,  1912. 
Hal  J.  Cole,  Register  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  In  reply  to  your  letter  of  the  16th  inst.  you  will  have  to 
subpoena  for  my  witnesses  Mr.  Thomas  Root — Mr.  Lea  White  and 
Mr.  Hans  Fleckl  all  of  Boyds,  Wasli.  to  appear  at  the  hearing  of  my 
protest  against  John  Smetzgar  final  proof  proceedings  serial  No. 
03838  in  Spokane,  Wash.  June  6th,  1912. 

Mr.  Hal  J.  Cole  you  have  stated  in  your  letter,  of  the  above  date, 
as  to  the  ore  that  I,  John  T.  Melich,  have  mentioned  is  in  place  on 
the  Greenhorn  Mineral  Claim  to  introduce  as  evidence  as  to  the 
character  of  the  land  on  the  Greenhorn  Mineral  Claim  being  mineral 
in  character,  you  said  this  office  has  no  right  to  have  anything  to  do 
with  that 

I  demand  an  answer. 

JOHN   T.    MELICH,   Protestant 
GMS  United  States  Land  Office, 

Spokane,  Washington,  May  24,   1912. 
John   T.   Melich,   Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  the  23rd  instant,  I  have  prepared 
and  signed  subpoenas  calling  upon  Thomas  Root,  Hans  Fleckl,  and 
Lea  White,  all  of  Boyds,  Washington,  to  appear  .at  this  office  on 
June  6,  1912,  as  witnesses  for  you  in  the  case  entitled  John  T. 
Melich  vs.  John  S.  Metzgar,  same  to  be  tried  that  date.  The  sub- 
poenas are  herewithin  inclosed  for  service. 

Incls-3.  Very    respectfully, 

HAL  J.  COLE,  Register. 

Boyds,  Wash.,  Oct.  24,  1912. 
Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  With  reference  to  the  decision  rendered  in  my  favor  of 
serial  No.  03838  by  the  register  and  receiver  of  the  U.  S.  Land  Office 
of  Spokane,  Wash,  you  will  confer  me  a  favor  by  letting  me  know  if 
Lawyer  C.  C.  Upton  is  representinfi  me,  J.  T.  Melich,  in  the  appeal 
that  John  Smetzgar  is  taking  in  the  above  decision  by  appealing  to 
the  Commissioner  of  the  General  Land  office  of  Washington,  D.  C. 

I  wrote  to  Mr.  C.  C.  Upton  over  a  week  ago  about  this  matter, 
but  did  not  get  an  answer  as  yet.  This  leaves  me  totally  unconscious 
as  to  the  facts  of  everything  in  the  action  there  has  been  taken  in  the 


26  THE  TROUBLES  OF  A  PROSPECTOR 

above  matter,     Pleace  give  me  answer.     This  mountain  is  all  covered 

with  winter  whiteness  now  and  it  wont  be  long  before  I  am  snowed  in. 

Very  truly  yours, 

J.  T.  MELICH. 
CMS  United  States   Land   Office, 

Spokane,  Washington,  October  25,  1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  the  24th  instant,  you  are  advised 
that  the  records  of  this  office  show  that  Hern  &  Upton  are  acting  as 
attorneys  for  yourself,  and  that  attorney  N.  D.  Walling  is  acting  as 
attorney  for  John  S.  Metzgar.  Mr.  Walling  recently  hied  an  appeal 
from  the  decision  of  this  office  and  the  same,  with  all  papers,  was 
transmitted  to  the  General  Land  Office,  Washington,  D.  C..  on  the 
24th  instant  (yesterday). 

You  will  be  advised  when  any  information  is  received. 
Very   respectfully, 

HAL  J.  COLE,  Register. 
Boyds,  Wash.,  Nov.  4th,  1912. 
Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  In  reference  to  the  decision  rendered  in  my  favor  of  serial 
No.  03838  by  the  register  and  Receiver  of  the  U.  S.  Land  Office. 
Spokane,  Wash.,  you  are  absolutely  mistaken  when  you  say  as  stated 
in  your  letter  dated  Oct.  25,  1912,  that  Attorneys  Hum  and  Upton 
are  representing  me,  J.  T.  Melich,  in  the  appeal  that  John  Smetzgar 
is  taking  the  above  decision  by  appealing  to  the  commissioner  of  the 
General  Land  Office  of  Washington,  D.  C. 

I  have  letters  from  Mr.  C  C.  Upton  stating  that  he  never  \\a>. 
hired  to  represent  me,  J.  T.  Melich,  in  the  above  matter  and  would 
not  know  Mr.  Hum  if  I  saw  him.  I  would  not  know  him  for  I  have 
never  met  him  in  my  life.  I  have  never  hired  a  lawyer  to  represent 
me,  J.  T.  Melich,  and  Mr.  Upton  claims  that  he  was  not  hired  by  any- 
one to  represent  me,  J.  T.  Melich.  in  the  above  matter,  yet  their 
"must  be  some  reason"  why  I,  J.  T.  Melich  was  not  served  with  :» 
copy  of  the  John  Smetzgar  brief  of  appeal.  There  must  be  some 
secret  work  going  on  that  pretends  to  deceive  me  in  this  above  matter. 
Everybody  in  the  whole  country  around  here  was  talking  about  tin- 
above  desicion  rendered  in  my  favor  two  weeks  before  I  got  word 
from  Upton  about  it,  and  then  I  would  not  have  got  the  answer  if  I 
had  not  wrote  to  Mr.  Upton  asking  him  if  Mr.  Moore  had  paid  him 
the  money  he  owed  him. 


THE  TROUBLES  OF  A  PROSPECTOR  27 

This  action  is  -going  on  for  no  other  reason  than  to  keep  me,  J. 
T.  Melich,  totally  unconscious  of  the  facts  of  everything  pertaining 
to  the  action  that  there  has  been  taken  in  the  above  matter  at  the 
hearing  of  the  protest  at  10  A.  M.  June  6th,  1912  when  I  was  told  by 
Hal.  J.  Cole  to  take  the  witness  chair,  I  demanded  a  copy  of  the 
hearing  of  the  protest  but  have  never  received  one  yet.  You  will 
confer  me  favor  by  sending  it  to  me,  and  I  also  would  like  to  have 
a  copy  of  the  iinal  proof  proceedings  that  have  taken  place  12:30  P.  M. 
Sept.  6th,  1911  at  Marcus,  Wash.  As  ever  yours, 

JOHN  T.  MEUCH. 

QMS  U.  S.  LAND  OFFICE 

Spokane,  Washington,  November  5,   1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  Your  letter  of  the  4th  instant  received.  In  reply  thereto  you 
are  advised  that  the  records  show  that  the  parties  named  in  our  last 
letter  are  your  attorneys.  Since  you  say  that  this  is  not  the  case,  you 
are  advised  that  this  office  will  serve  you  personally  with  all  notices, 
whenever  there  are  any  more  to  be  served.  It  is  customary  for  Land 
Offices  to  serve  attorney  in  a  case,  but  since  you  have  informed  us 
that  you  have  not  attorneys,  all  notices  in  the  future  will,  as  I  have 
said,  be  served  on  you  personally. 

This  office  knows  of  no  secret  work  "going  on".  Neither  do  we 
believe  that  there  is  any  such  secret  work.  It  is  respectfully  sug- 
gested that  if  there  is  any  doubt  in  your  mind  as  to  the  attitude  of 
this  office  being  proper  in  every  respect,  that  you  correspond  direct 
with  the  Honorable  Commissioner  of  the  General  Land  Office,  Wach- 
ington,  D.  C. 

You  refer  to  your  having  ''demanded"  a  copy  of  the  testimony 
taken  at  the  hearing.  You  are  informed  that  this  office  knew  noth- 
ing of  you  wishing  a  copy  of  the  testimony.  If  you  wish  a  copy,  it 
can  be  abtained  for  you,  but  you  will,  of  course,  have  to  do  as  did 
Mr.  Metzgar,  pay  for 'the  same.  Any  party  in  a  case  has  to  pay  for 
a  typewritten  copy  of  the  transcribed  stenographic  notes.  The  steno- 
grapher states  that  she  will  make  you  a  copy  for  the  sum  of  $5.00,  if 
you  desire  one. 

The   Final   Proof  Papers  of  Mr.   Metzgar  are  all  in   the   General 
Land   Office,  Washington,   D.   C.     By  paying  for  the   work,  you   can 
get  a  copy  by  making  request  of  the  Honorable  Commissioner. 
Very  respectfully, 

HAL.  J.   COLE,   Register 


28  THE  TROUBLES  OF  A  PROSPECTOR  ;£ 

Mr.  Hal.  J.  Cole. 

U.  S.  Land  Office.  Spokane.  Wash. 

Boyds.   Ferry  County.  Wash. 

November  16th.  1912. 

Sir:  Your  letter  of  the  5th  inst.,  stating  that  the  records  show  that 
the  parties  named  in  my  last  letter  are  my  attorneys.  This  is  not  a 
fact  .  And  I  do  not  know  how  it  ever  got  on  your  records.  There- 
must  be  some  seret  work  about  this  matter  between  Mr.  C.  E.  Moore, 
Mr.  Upton  and  yourself.  W'ith  all  the  lawyers  you  have  advised  me 
to  hire  in  this  case,  I  have  never  hired  no  lawyer  yet,  any  more  than 
just  to  write  me  out  a  protest  sheet.  I  never  had  the  money 
since  you  have  made  me  all  this  unnecessary  trouble  that  caused  me 
to  waste  all  of  my  valuable  time,  labor  and  money  that  I  did  have. 
So  how  could  I  hire  the  lawyer  that  you  have  mentioned  and  advised 
me  to  hire  when  I  did  not  have  the  money  I  never  hired  no  lawyer 
yet  in  all  of  the  unnecessary  trouble  that  you  have  made  me.  When 
I  told  you  before  that  time  was  valuable  whether  it  was  put  in  good 
use  or  not  and  that  it  should  be  looked  into.  Now  then  if  you,  Mr. 
Hal.  J.  Cole  are  so  prompt  in  putting  everything  on  record  for  law- 
yers that  have  nothing  to  do  with  this  case,  as  stated  in  your  last 
letter  dated  Nov.  5th,  1912 — that  this  office  know  of  no  secret  work 
going  on — referring  to  me  demanding  a  copy  of  the  hearing  of  the 
protest  against  John  S.  Metzgar  final  proof  proceedings  Serial  Xo 
03838  before  the  Register  and  Receiver  that  has  taken  place  at  10  A. 
M.  June  6th,  1912,  Spokane,  Wash.  As  I  had  stated  in  my  last  letter 
November  4th,  1912,  I  got  a  receipt  from  your  office  showing  that  1, 
J.  T.  Melich,  paid  $11.25  (eleven  dollars  and  twenty-five  cents)  for 
the  testimony  taken  at  the  above  hearing.  And  you  claim  that  you 
have  no  records  of  me  demanding  copy  of  the  above  hearing  and  time 
stated  in  my  letter  dated  November  4th,  1912. 

According  to  this  the  morning  session  of  the  hearing  of  the  pro- 
test that  was  called  up  for  a  hearing  by  Mr.  Hal  J.  Cole  at  10  A.  M. 
June  6th,  1912,  Spokane,  Wash,  has  been  all  retrained  and  know  of  no 
records  of  it.  If  that  is  not  secret  work  going  on  I  do  not  know  what 
secret  work  is.  And  this  is  the  reason  why  you  do  not  allow  me  to 
have  a  copy  of  the  hearing  of  the  protest.  Now  I  demand  it  again 
and  also  demand  a  copy  of  the  appeal  of  the  decision  given  by  the 
Register  and  Receiver  in  my  favor  that  John  Smetzgar  is  taking  by 
appealing  to  the  Commissioner  of  the  General  Land  Office.  Washing- 
ton, D.  C.  Please  send  it  to  me.  This  is  the  third  time  that  I  have 


THE  TROUBLES  OF  A  PROSPECTOR  29 

mentioned  this  matter  to  you  and  have  not  received  one  yet.  I  do 
not  think  that  it  is  right  that  I,  J  T.  Melich,  should  be  kept  totally 
unconscious  of  the  facts  of  everything  pertaining  to  the  action  that 
has  been  taken  in  the  above  matter. 

You  are  paid  a  salary  by  the  people  of  this  grand  nation  for  your 
service.  You  must  serve  the  people.  You  must  not  use  your  propped 
up  authority  in  making  the  people  serve  you.  Truth  for  authority 
and  not  authority  for  truth  in  serving  lawyers  that  I  know  nothing  of, 
that  they  have  anything  to  do  with  this  above  matter.  As  actions 
speak  louder  than  words,  you  must  be  more  careful  as  to  how  you  act. 
You  have  stated  in  your  letters  that  you  have  shaped  and  formed 
habits  to  serve  lawyers.  I  know  that  without  you  telling  me,  that  you 
have  your  habits  with  you  and  they  will  linger  with  you  until  death. 
Your  habits  in  serving  lawyers  will  haunt  you  to  your  grave.  Why 
don't  you  tell  me  something  that  I  do  not  know  anything  about.  Tell 
me  something  about  the  action  that  there  has  been  taken  in  John 
Smetzgar  appeal  to  the  Commissioner  of  Land  Office,  Washington. 
D.  C.  Grafters  can  only  exist  among  suckers.  A  gentleman  will 
have  no  dealings  with  a  grafter,  not  if  there  is  any  way  of  getting 
away  from  him.  Any  one  that  spends  his  whole  life  with  suckers 
becomes  the  product  of  his  conditions.  And  ot  course  when  he  comes 
in  contact  with  a  gentleman  he  gets  the  direct  results  of  the  punish- 
ment that  comes  from  the  reaction  of  his  acts  in  spending  his  whole 
life  with  suckers.  Would  it  not  be  lots  better  if  you  had  shaped  and 
formed  habits  to  serve  the  people,  instead  of  serving  lawyers,  and  not 
try  and  graft  money  from  poor  prospectors  that  have  never  got  money 
enough  to  buy  a  grubstake  or  pay  for  his  bacon  that  he  has  to  pack 
on  his  back  and  pack  up  on  these  high  mountains  before  he  ever  can 
do  his  development  work.  But  you  are  as  ignorant  as  an  iguana  of 
this  fact,  that  is  totally  destitute  of  this  knowledge.  Someone  has 
said  "Ignorance  is  Hell.  Wisdom  is  Heaven.  When  ignorance  rules 
no  more— when  Wisdom  rules,  Hell  will  be  no  more." 

As  ever  Truly  Yours  JOHN  T.  MELICH. 

Department  of  the  Interior,  General  Land  Office. 

RECEIPT.  No.  655129 

U.  S.   Land  Office,  Spokane,  Washington. 

June  6th,  1912. 

Received  of  John  T.  Melich,  Boyds,  Washington,  the  sum  of 
Eleven  Dollars  and  twenty-five  Cents,  Testimony  Fees  paid  by  Con- 
testant in  connection  with  Contest  No.  3303,  filed  again,  SERIAL  No, 
03838,  for: 


30  THE  TROUBLES  OF  A  PROSPECTOR 

(Melich  vs.  Metzgar) 

Contest    fees    (Estimated;    not    yet    transcribed)     $11.25.      Total, 
$11.25. 

No.  655129  I,  B.  NASH, 

CES  Receiver  of  Public  Moneys. 

CMS  U.  S.  Land  Office, 

Spokane,  Washington,  November  20,  1912. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  Your  letter  of  the  16th  instant  received.  In  reply  thereto, 
you  are  advised  that  this  office  has  prepared  a  copy  of  the  Notice  of 
Appeal,  Assignment  of  Errors,  and  Argument,  of  John  S.  Metzgar. 
in  the  case  of  John  T.  Melich  vs.  John  S.  Metzgar,  and  the  same  is 
herewith  inclosed  for  your  information  in  the  premises. 
Very  respectfully. 

UAL  J.  COLE,  Register. 

Boyds,  Ferry  Co.,  Washington,  November  26th,  1912. 
Mr.   Hal  J.  Cole,  Register  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  Your  letter  and  the  copy  of  the  notice  of  appeal  of  the  20th 
i'nst.  received.  For  an  answer  in  return  will  say  that  the  notice  of 
the  appeal  of  the  decision  rendered  in  my  favor  03838  that  John 
S':ietzgar  has  appealed  to  the  Commission  of  the  General  Land  Office 
Washington,  D.  C.,  is  improper  and  not  being  served  on  me  prop- 
erly; that  makes  it  illegal  and  unlawful,  because  it  is  not  signed. 
What  kind  of  a  dirty  filthy  piece  of  foul  work  is  this  done  for  some 
purpose.  Perhaps  if  I  take  action  upon  it  it  will  be  switched  off  mi 
some  side  track.  Now  Mr.  Hal.  J.  Cole  what  I  want  to  know  is  this— 
What  action  did  you  take  on  the  ten  pieces  of  mineral  ore  that  was 
introduced  as  evidence  at  the  hearing  of  my  protest  against  John 
Smet/.gar  iinal  proof  proceedings  Serial  No.  03838.  Three  pieces  of 
mineral  ore  that  Mr.  Lea  White  introduced  as  evidence.  Three  piecr.s 
of  mineral  ore  that  Thomas  Roots  introduced  as  evidence  and  ihe 
four  pieces  of  mineral  ore  that  I,  J.  T.  Melich,  introduced  as  evident. 
1  demand  an  answer  on  this,  question.  I  want  to  know  what  yon 
done  with  the  ten  pieces  of  mineral  ore  that  was  introduced  as 
evidence  at  the  hearing  of  the  protest,  i  am  determined  to  find  out 
and  the  universal  laws  of  determination  will  keep  the  blaze  kindled 
tha»  will  ihime  until  I  find  out  \\hat  action  you  have  taken  on  thai 
minei :il  ore  tlu.i  was  introduced  as  evidence  at  the  hearing  of  the 
Protest  June  6th,  1912.  This  evidence  is  all  paid  for.  As  action- 
speak  louder  than  words,  I  know  you  by  your  actions.  That  is  why 
]  had  twc  extra  witnesses  at  the  hearing  of  the  protest  that  noted 


THE  TROUBLES  OF  A  PROSPECTOR  31 

everything  that  had  transpired  in  the  morning  and  afternoon  ses- 
sions of  the  hearing  of  the  protest  at  10  A.  M.  and  at  2  P.  M.,  June 
6th,  1912.  1  demand  an  answer.  You  did  not  answer  my  questions 
in  my  last  letters. 

Do  you  still  declare  that  your  records  do  not  show  that  I,  J.  T. 
Melich,  had  demanded  a  copy  of  the  hearing  of  the  protest,  as 
stated  in  my  last  two  letters  dated  November  4th  and  16th,  1912. 
Now  I  demand  it  again.  This  is  the  third  time  that  I  have  mentioned 
this  matter  to  you,  and  have  no  answer  yet  and  have  not  received 
a  copy  of  the  the  hearing  of  the  protest  yet.  By  you  boldly  de- 
claring that  your  record  do  not  show  that  I,  J.  T.  Melich  have  de- 
manded a  copy  of  the  hearing  of  the  protest,  about  15  minutes  alter 
T  was  told  by  Hal  J.  Cole  to  take  the  witness  chair  at  10  A.  M.  June 
6th,  1912,  Spokane,  Wash.  This  only  gives  evidence  that  you  have 
no  records  to  show  that  there  was  a  forenoon  session  of  the  hearing 
of  the  protest.  Let  me  tell  you  right  here  that  it  is  a  truthful  fact 
that  the  hearing  of  J.  T.  Melicb.  mineral  protest  against  John  S. 
Metzgar  final  proof  proceedings  Serial  No.  03838,  the  hearing  of  the 
morning  and  afternoon  sessions  of  the  protest  has  been  reframed, 
after  the  hearing  of  the  protest  of  June  6th.  1912,  Spokane,  Wash. 
\nd  Hal  J.  Cole  boldly  declares  it  to  be  the  truth,  by  saying  that  he 
has  no  records  to  show  that  there  was  a  morning  session.  And  he 
has  the  umpudence  by  fearlessly  denying  the  truthful  knowledge, 
that  T,  J.  T.  Melich,'  have  demanded  a  copy  of  the  hearing  of  the 
mineral  protest  at  the  forenoon  session  that  was  called  up  for  i 
hearing  by  Hal  J.  Cole  at  10  A.  M.  June  6th,  1912,  Spokane,  Wash, 
as  stated  in  my  last  two  letters  dated  November  4th  and  16th,  1912. 
Here  is  one  lesson  of  the  splendid  fact  that  the  hearing  of  the  min- 
eral protest  at  the  above  time  has  been  reframed,  after  the  hearing 
of  the  above  time,  and  this  above  matter  is  the  splendid  and  truth- 
ful reasons  why  Mr.  Hal  J.  Cole,  Register  of  the  U.  S.  Land  Office 
of  Spokane,  Wash,  will  not  allow  or  permit  me.  J.  T.  Melich.  to  have 
a  copy  of  the  hearing  of  the  mineral  protest  against  John  S.  Metzgar 
final  proof  proceedings  Serial  No.  03838.  T  must  take  the  facts  from 
the  hearing.  From  J.  T.  Melich  Mineral  Protest.  Called  up  for  a 
hearing  by  Mr.  Hal  J.  Cole  at  10  A.  M.  June  6th.  1912,  Spokane, 
Wash.  Mr.  Hal  J.  Cole  asked  me  if  I  had  my  witnesses  here.  I, 
J.  T.  Melich,  sard  Yes.  And  then  I  pointed  out  Mr.  Thomas  Roots, 
Mr.  Lea  White  ns  my  witnesses,  and  then  T,  J.  T.  Meiich,  requested 
Mr.  Hal  T.  Cole  that  the  witnesses  should  go  into  the  wimess  room 
ami  this  was  granted.  After  swearing  the  witnesses.  Mr.  Ha'  J. 


32  THE  TROUBLES  OF  A  PROSPECTOR 

Cole  asked  me,  J.  T.  Melich,  if  I  had  an  attorney  and  said  No,  that 
I.  did  not  have  any  money  to  hire  a  lawyer.  And  then  Mr.  Hal  J. 
Cole  asked  me,  J.  T.  Melich,  if  I  was  going  to  plead  my  own  case 
and  I  said  Yes.  And  then  Mr.  Hal  J.  Cole  requested  me,  J.  T. 
Mt-lich  to  take  the  witness  chair,  and  then  1.  J.  T.  Melich,  proceeded 
by  saying:  Let  me  first  of  all  call  your  attention  to  all  of  the  rea- 
sons that  may  be  proposed  here  today  at  this  hearing.  In  the  ju.s- 
tilication  of  words,  utterances  and  the  acts,  whatever  they  may  be 
of  this  hearing  here  today,  should  be  put  down  in  black  and  white 
so  as  there  will  be  no  dispute  hereafter  as  to  what  has  been  said  at 
this  hearing  here  today.  And  I,  J.  T.  Melich,  demand  a  copy  of  the 
hearing  of  the  mineral  protest. 

If  I,  J.  T.  Melich,  had  demanded  a  copy  of  the  hearing  of  the 
final  proof  proceedings  that  was  called  up  for  a  hearing  by  United 
States  Commissioner,  Mr.  W.  C.  Kirk,  at  12:30  P.  M.  Sept.  6th,  1911, 
Marcus  Stevens  County,  Wash.  They  would  never  have  dared  to  re- 
frame  the  final  proof  proceedings  to  suit  the  privileged  party  in  the 
manner  in  which  it  has  been  done.  And  there  has  been  quite  a  lot 
of  dirty  ful  filthy  work  going  on  ever  since.  And  1  think  1  have  a 
right  to  introduce  proceedings  to  have  a  stop  put  to  it.  I  don't  know 
whether  the  final  proof  proceedings  were  reframed  in  Commissioner 
W.  C.  Kirk's  office  after  the  hearing  at  Marcus,  Sept.  6th,  1911,  or 
wether  it  was  reframed  in  the  U.  S.  Land  Office  of  Spokane,  Wash. 

Just  right  there  and  then  Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land 
Office,  Spokane,  Wash,  had  the  gall  to  get  up  arid  interrupt  me  that 
caused  me  to  break  the  current  of  my  evidence  that  I  was  about  to 
give  some  of  the  facts  'that  the  final  proof  has  been  reframed  after 
the  hearing  of  September  6th,  1911.  But  Mr.  Hal  J.  Cole  stopped 
me  by  saying  that  this  case  will  not  go  on  farther  until  1,  J.  T.  Melich, 
put  up  ten  dollars  ($10.00).  And  then,  I,  J.  T.  Melich.  said  that  this 
is  violating  the  Laws  of  our  Constitution  of  this  Country,  that  have 
been  bought  and  paid  for  so  dearly  with  the  very  heart  and  life  blood 
of  our  forefathers,  and  before  their  limbs  grew  stiff  and  cold  their 
life  blood  dyed  it  print  of  every  folds,  in  order  ihat  c  >ming  genera- 
tions may  have  the  pleasure  to  enjoy  life  liberty  and  the  pursuit  of 
happiness.  The  Constitution  of  this  Country  gives  the  right  of  free 
speech,  free  press,  free  assemblage,  and  the  right  above  all  to  defend 
ourselves  in  self-defense  and  everything  else  that  is  fur  hum-in  rights 
is  constitutional.  The  constitution  of  this  country  savs  if  anyone 
is  indicted  for  a  crime  they  must  be  considered  innocent  until  proven 
guilty. 


THE  TROUBLES  OF  A  PROSPECTOR 

Am  I,  J.  T.  Melich,  to  blame  because  there  is  mineral  on  the 
Green  Horn  Mineral  Claim,  that  I  should  be  lined  $10.00  (ten  dol- 
lars). Go  and  rind  the  fellow  that  put  the  mineral  on  the  Green  Horn 
Mineral  Claim.  Find  him,  ht  is  the  guilty  one  and  the  right  one  to 
Tine.  Go  and  get  his  ashes  and  throw  them  to  the  wind,  and  perhaps 
the  whole  formation  of  the  Green  Horn  Mineral  Claim  will  change 
from  mineral  to  unminmineral.  And  the  apex  with  a  solid  two  feet 
of  mineral  ore  right  between  two  well  defined  walls  on  the  apex  of 
the  high  mountain  of  the  Green  Horn  Mineral  Claim  will  disappear 
and  vanish  away  from  the  face  of  the  globe  of  the  Earth,  so  as  it 
will  be  invisible  to  any  intelligent  mind  of  intellectual  capacity  of 
skill  and  knowledge. 

Just  there  John  S.  Metzgar  lawyer,  X.  D.  Walling,  got  up  and 
said  I  think  it  is  no  more  than  right  that  I,  J.  T.  Melich,  should  go 
good  for  one  half  of  the  cost  of  the  expense  of  the  case.  And  then 
1,  J.  T.  Melich,  said  that  I  did  not  have  ten  dollars  ($10.00)  and  Hal 
J.  Cole  knows  it.  And  Hal  J.  Cole  said  "I  do  not".  And  I,  J.  T. 
Melich  ''You  do  know  it''.  Everybody  knows  that  n  poor  prospector 
has  to  go  out  to  look  for  work  first  to  earn  money  enough  for  to 
buy  grub  stake  or  pay  for  his  bacon  that  he  has  to  pack  on  his  back 
up  on  these  high  mountains  before  ever  he  can  do  any  development 
work.  He  has  not  got  ten  Idollars. 

Some  time  in  the  first  part  of  the  month  of  October,  1911,  Mr. 
Olaf  Olsen,  Mr.  Thomas  Roots  and  I,  J.  T.  Melich,  went  into  the 
U.  S.  Land  Office,  Spokane,  Wash.,  to  see  Mr.  Hal  J.  Cole.  He  ad- 
vised me  to  get  this  lawyer  to  plead  my  protesl  case,  that  John  S. 
Metzgai  hi'S  to  plead  his  case  against  my  protest — Attorney  N.  D. 
Walling.  He  told  the  lady  typewriter  to  write  me  out  his  address 
on  a  slip  of  paper  right  before  these  two  witnesses.  After  Metzgar-s 
lawyer,  N.  D.  Walling,  got  through  interrupting  me  in  my  evidence 
in  the  case  of  the  hearing,  that  1  was  trying  to  secure  for  myself, 
I,  J.  T.  Melich,  got  up  and  said  that  t  think  I  have  a  right  to  know 
whether  it  is  the  People  of  this  grand  nation  that  is  trying  to  take 
my  mineral  claims  away  from  me,  or  whether  it  is  the  propped  up 
authority  of  our  Government  that  derives  its  powtis  from  the  Peo- 
ple of  this  grand  nation,  that  is  trying  to  lake  my  mineral  claims 
away  from  me.  And  then  Hal  J.  Cole  got  up  and  shut  me  off  by  suy- 
ing  that  he  would  give  me  until  2  o'clock  to  pay  the  line  that  he  had 
imposed  upon  me,  in  order  to  secure  a  hearing  in  the  case.  He  did  this 
all  because  I  did  not  submit  to  speak  to  suit  him,  he  shut  me  off  be- 
cause he  did  not  want  me  to  prove  that  the  final  proof  was  reframed 


34  THE  TROUBLES  OF  A  PROSPECTOR 

after  the  hearing  of  Marcus  12'30  P.  M.  Sept.  6th,  1911,  Marcus, 
Wash.  Right  before  three  v.  itnesses  that  heard  the  whole  case  of  the 
hearing  of  the  protest  at  10  A.  M.  June  6th  1912  Mr.  C.  E.  Moore, 
Mr.  Joe  Stariha  and  Mr.  Lenard  Schultz,  all  of  Spokane,  Washington. 
When  \ve  all  got  out  side,  Mr.  C  E.  Moore  s^icl  to  me,  you  want  to 
get  a  lawyer.  I  said  I  did  not  have  the  money  to  pay  for  a  lawyer. 
Then  Mr.  Moore  said  come  with  me,  I  will  hire  YOU  a  lawyer  and 
pay  him  myself.  So  he  took  us  to  the  Hyde  Block.  After  Mr.  Moore 
made  the  bargain  with  Attorney  C.  C.  Upton,  that  he  was  to  look  to 
Mr.  Moore  forthe  $25.00  (twenty-five)  dollars,  that  he  agreed  upon 
to  take  the  case,  and  that  he  would  not  look  to  me,  J.  T  .  Melieh. 
for  the  pay  or  trouble  me  for  any  money,  right  before  two  witnesses 
Mr.  Lea  White,  Mr.  Thomas  Roots  and  myself.  This  action  .of  Mr 
Hal  J.  Cole  in  order  for  I,  J.  T.  Melich,  to  secure  a  hearing  in  the 
protest  of  John  S.  Metzgar  final  proof  proceedings  .Serial  No.  03838, 
forced  me,  J.  T.  Melich,  to  sign  over  one  half  interest  of  my  rive 
mineral  claims  in  a  hurry  haste  in  order  to  secure  a  hearing  in  the 
protest  in  the  above  matter  inside  of  two  hours  to  Mr.  C.  C.  Moore 
for  a  little  or  nothing,  according  to  rules  and  regulations  of  agree- 
ments drawn  up  in  contract.  And  this  corresponds  with  a  letter  that 
L  received  from  Mr.  Hal  J.  Cole  dated  Sept.  7th,  1911,  stating  that 
J,  J.  T.  Mtlich,  should  get  a  lawyer  to  drew  me.  up  a  formal  protest 
against  the  Homestead  proof  of  John  S.  Metzgar.  This  protest 
should  show  that  you  have  valid  mining  claims  on  the  side  land  in 
question.  And  it  should  also  show  that  vou  have  mineral  enougl. 
to  justify  a  person  of  ordinary  intelligence  and  prudence  in  expend- 
ing his  time  and  money  in  the  development  of  such  mining  daim* 
Or  in  other  words,  I  must  make  out  a  good  strong  case  in  order  to 
secure  a  hearing  in  the  case.  What  is  it  that  you  Mr.  Hal  J.  Cole 
want  me  to  make  up?  What  is  it  that  yon  want  me  to  frame  up, 
in  order  to  secure  a  hearing  in  the  case?  What  is  it?  Can  I  make 
up  or  fiame  rp  the  mineral  formation  of  the  Greenhrni  Mineral 
Claim  any  different  than  the  character  of  mineral  is  on  the  Gre»Mi- 
horn  claim? 

"What  is  it  you  want  me  to  make  up."  There  is  nothing  to  make 
up  or  frame  up  that  I  can  see.  The  character  of  mineral  on  the  Green- 
horn Mineral  Claim  is  just  what  it  is.  and  no  one  is  i/oiii.^  to  change, 
the  formation  of  the  mineral  on  the  Greenhorn  Claim  in  a  hurry 
haste.  There  has  been  some  of  it  as  a  result  carried  or  drawn  away 
T,  J.  T.  Meiich.  wrote  a  letter  to  Mr.  Hal  J.  Cole  datvd  on  tin-  2ml: 
day  of  I'ebriuiry,  1912.  stating  to  Mr.  Hal  J.  Cole  that  ,hc  has  told 


THE  TROUBLES  OF  A  PROSPECTOR  35 

me  once  before  to  sell  a  part  of  my  mining  claims  to  some  person 
that  would  spend  their  time  and  money  in  the  development  of  my 
mining  claims,,  if  I  coul.d  show  valuable  mineral  enough  to  justify 
them  to  do  it.  Mr.  Hal  J.  Cole  answered  the  letter  February  29th, 
1912,  stating  1  beg  to  inform  you  that  you  are  absolutely  mistaken 
when  you  say  or  intimate  that  any  member  of  this  office  suggested 
that  youshould  sell  all  or  part  or  portion  of  yonr  mining  claims  or 
for  any  other  purposes.  Now  here  comes  the  question,  Mr.  Hal  J. 
Cole.  Who  is  that  person  of  ordinary  intelligence  and  prudence 
that  I,  J.  T.  Mclich,  am  to  show  mineral  enough  to  justify  him  to 
spend  his  time  and  money  in  the  development  of  my  mining  claims, 
without  selling  him  an  interest  in  my  mining  claims?  Or,  in  other 
words,  who  is  that  person  of  ordinary  intelligence  that  will  spend 
his  time  and  money  into  something  that  he  has  no  interest  in?  Or, 
who  is  it  that  wants  to  buy  a  law  suit?  Mr.  Hal  J.  Cole  your  state- 
ments are  not  on  the  main  track,  they  are  on  a  switch  and  you  have 
them  so  arranged,  so  as  you  can  switch  them  from  one  track  to  an- 
other until  no  one  knows  what  track  they  are  on.  Your  actions 
actions  speak  louder  than  words. 

From  the  time  of  the  final  proceedings,  Sept.  6th,  1911,  up  to 
the  hearing  of  the  protest  10  A.  M.  June  6th,  1912,  mid  the  appeal  thai 
John  S.  Met7gar  has  taken  from  the  decision  rendered  in  my  favor 
by  the  Register  and  Receiver  of  U.  S.  Land  Office,  Spokane,  Wash., 
John  S.  Metzgar  by  appealing  the  decision  to  the  Commissioner  of 
the  Interior  Department  of  the  General  Land  Office,  Washington, 
D.  C.  nothing  is  on  the  right  track,  but  everything  has  been  switched 
Jrom  one  time  to  another.)  It  is  time  that  this  switcheing  should  be 
stopped.  It  is  all  a  joke  and  a  graft,  and  I  want  you  to  stop  it.  No 
one  is  entitled  to  any  more  land,  water  and  air  than  what  they  can 
use  and  actually  can  put  to  use  by  their  own  labor.  That  is  more 
than  Mr.  Hal  J.  Cole  dare  to  have  courage  to  say;  he  has  not  the 
courr.ge  to  uphold  the  universal  laws. 

Fred  Johnson  and  Pete  Hanson  the  big  railroad  contractors 
wrote  their  names  and  addresses  in  my  book.  Address  1227  Colum- 
bia Ave.,  Spokane,  Wash.  Fred  Johnson  told  me  to  write  to  him  and 
let  him  know  whenever  I  had  shipping  ore.  He  said  he  would  come 
up  here  and  put  in  the  mechanical  machinery  that  would  put  the  ore 
on  the  market.  I  have  got  shipping  ore  right  now.  but  1  don't  wish 
to  cconfront  these  gentlemen  with  this  joke  of  a  law  suit,  which  is 
nothing  more  than  a  graft  to  graft  money  out  of  poor  prospeectors, 
or  in  other  words — Who  is  it  that  wants  to  buy  a  law  suic? 


36  THE  TROUBLES  OF  A  PROSPECTOR 

Mr.  James  Hopkins,  Attorney  at  Law,  practices  in  United  St'ites 
Courts  and  Land  Office,  only  address  221  Jamison  Block,  Spokane, 
Wash.  This  fine  old  gentleman  told  roe  that  he  would  like  to  buy  an 
interest  in  my  mining  claims,  and  then  he  said — But  who  is  it  that 
wants  to  buy  a  law  suit?  Is  this  not  proof  enough  that  law  suits  are 
all  jokes  and  grafts? 

Now,  Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane. 
Wash.,  let  me  know  if  all  the  main  details  of  the  hearing  of  the  pro- 
test of  the  morning  session  at  10  A.  M.  June  6,  1912,  Spokane,  Wash., 
is  or  is  not  stated  in  this  letter  of  all  sheets,  No.  1  toll.  1  demand 
an  answer. 

As  ever  yours  truly, 

JOHN  T.  MELTCH. 
(No  answer  yet). 

Boyds,  Ferry  Co,  Washington,  December  5th   1912. 
Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office,  Spokane,  Wash. 

Sir:  I  wrote  you  a  letter  dated  November  26,  1912,  stating  for 
you  to  let  me  know  if  all  of  the  main  details  of  the  morning  session 
of  the  hearing  of  protest  is  or  is  not  stated  in  this  letter  of  11  sheets. 
But  did  not  get  an  answer  yet.  If  you  are  not  going  to  answer  any 
more  of  my  letters  in  regard  to  this  matter,  let  me  know  and  I  will 
not  spend  any  more  of  my  valuable  time  in  writing  to  you  about  this 
matter. 

JOHN  T.  MELICH. 
(No  answer  yet). 

Boyds,  Ferry  Co.,  Washington,  December  19,  1912. 
L.  B.  Nash,  Receiver  of  the  U.  S.  Land  Office,  Spokane,  Vvash. 

Sir:  I  wrote  a  letter  to  Mr.  Hal  J.  Cole  of  U.  S.  Land  Office. 
Spokane,  Wrash.  dated  November  26,  1912,  stating  to  let  me  know  if 
all  the  main  details  of  the  morning  session  of  the  hearing  of  the  pro- 
tesr  at  10  A.  M.  June  6th,  1912,  is  or  is  not  stated  in  this  letter  of 
11  sheets,  but  did  not  get  an  answer  yet.  I  wrote  another  ietter  to 
Hal.  J.  Cole  dated  December  5,  1912,  stating  if  you  ate  not  going 
to  answer  any  more  of  my  letters  let  me  know  and  1  will  not  spend 
any  moie  of  my  valuable  time  in  writing  to  you  about  this  matter. 

JOHN.  T.  MELICH. 

U.  S.  Land  Office,  Spokane,  Wash..  December  21st.  1912. 
John   T.  Melicli.  Boyds,  Washington. 

Sir:     It  is  somewhat  difficult  to  answer  your  letter,  for  the  rca 
son   that   it   is   difficult   to   understand    tl.e    nature   of   your  grievance. 
You  ask  me  why   Mr.  Cole,  the   Register,  does   not  answer  yoi-r  let- 


THE  TROUBLES  OF  A  PROSPECTOR  37 

ter.  1  suppose  it  is  for  the  reason  that  there  is  nothing  to  answer. 
Mr  Cole  is  always  very  prornttr.  answer  all  communications  that 
have  even  the  semblance  of  merit  in  them. 

Perhaps  on  reflection  you  have  no  cause  to  mid  fault  with  any- 
thing connected  with  this  office. 

1st. — You  had  a  contest.  ^lr.  Cole,  the  Register,  heard 'it,  and 
it  was  decided  in  your  favor.  I  take  it  that  you  are  not  dissatisfied 
or  displeased  with  that. 

2nd,— The  other  side  was  displeased,  and  have  appealed.  This 
oftice  could  not,  of  course,  prevent  that. 

3rd, — The  very  moment  an  appeal  was  taken,  this  oil  ice  had 
nothing  more  to  do  with  the  case.  It  had  then  passed  out  beyond 
our  jurisdiction. 

4th.-- -After  the  appeal  was  taken  all  that  we  had  to  do  was  to 
send  up  the  entire  record  to  the  Commissioner  of  the  General  Land 
Office,  which  was  done,  and  the  case  and  the  record  are  now  all  be- 
fore that  office. 

You  will  therefore  readily  see  that  we  have  nothing'  further  to 
do  with  it.  You  had  an  attorney  in  this  case,  and  it  is  usual  and 
proper,  when  parties  have  an  attorney,  to  transact  business  with  the 
attorney. 

I  am  very  confident  that  if  you  had  consulted  your  attorney  you 
would  have  been  saved  all  this  wholly  useless  correspondence.  As 
bofore  remarked,  this  office  decided  the  case  in  your  favor,  gave  you 
all  you  asked  for,  and  it  has  now  passed  entirely  beyond  our  jurisdic- 
tion and  control;  and  you  will  readily  See  that  anv  further  corres- 
pondence on  your  part  will  serve  no  useful  purpose,  so  far  as  this 
office  is  concerned. 

Very    respectfully, 
LBNICES  L.   j{.   XASH,   Receiver. 


November  20th,  1912. 

Copy  prepared  by  U.  S.  Land  Office,  Spokane,  Wash. 
Department  of  the  Interior  State  Land  Office,  Spokane,  Wash. 
John  T.  Melich,  Protestant— Serial  No.  03838.  vs  John  S. 
Smetzgar,  Protestee.  Involving  N.  E.  y4  of  N.  E.  tf ;  Section 
31  and  the  N.  W.  l/4  of  the  N  W.  y4,  Section  32.  Township 
No.  38  North,  Range  37  E.  W.  M. 


38  THE  TROUBLES  OF  A  PROSPECTOR 

In  reference  to  the  notice  of  appeal,  assignment  of  cr- 
rors  and  arguments  of  the  above  matter  it  is  false  and  not 
conformable  to  facts.  Every  since  the  time  of  12:30  P.  M. 
September  6th  1911  at  Marcus,  Stevens  County,  Wash.  John 
Smctzgar  has  been  trying  to  make  filial  proof  in  the  absent 
of  showing  that  there  is  an  apex  with  two  feet  of  solid  mineral 
ore  that  looks  as  though  it  has  been  melted  or  badly  burnt, 
scorched,  baked  or  roasted  by  heat  right  in  between  two  well 
defined  walls  on  the  apex  of  the  high  mountain  of  the  Green- 
horn Mineral  Claim  situated  on  the  N.  Yz  X.  \V.  }/\  of  the  X. 
YY.  Y4  of  Sec.  32,  Township  38  N.  Range  37  E.  W.  M.  Up  to 
the  present  time  John  S.  Metzgar  has  been  trying  to  make 
final  proof  in  the  absent  of  showing  this  apex  of  two  feet  of 
solid  mineral  ore  that  sticks  right  up  in  the  air  and  looks  as 
though  it  has  been  melted  or  badly  burned  right  in  between 
two  well  defined  walls. 

Has  John  Smetzgar  at  any  time  in  his  life  ever  made  <  »r 
got  any  one  to  make  him  qualitative  or  complete  analysis  on 
this  ore  in  the  apex.  Oh  !  IK.,  in  his  eyes  this  apex  of  ore  has 
never  existed.,  He  has  never  yet  stated  that  this  apex  of  l-.v«> 
feet  .of  ore  right  in  between  two  well  defined  walls  on  the 
Greenhorn  claim  exists. 

Has  John  Smetzgar  .ever  yet  at  any  time  got  this  land  of 
the  X.  ]/2  of  the  X.  W.  y4  of  the  N.  W.  ]/2  of  Sec.  32.  Town- 
ship 38  X.  Range  37  K.  \Y.  M.  examined  or  investigated  by 
an  inspector,  l\  S.  Mineral  expert  inspector  or  surveryer  Gen- 
eral that  would  state  the  facts  as  to  the  character  of  the 
mineral,  jrust  as  they  are.  What  more  docs  he  want  than  facts. 
Oh  no,  he  does  not  want,  anything  like  a  I*.  S.  inspector  to 
appear  on  the- scene  of  this  appeal  of  the  decision  rendered  in 
n;iy  favor  by  the  Register  and  Receiver  of  Spokane,  Wash. 

Why  is  it  John  Sirjetzgar  s<>  vigorously  objects?  Why  is 
it  that  he  so  fearlessly  objects  in  having  the  Greenhorn  Min- 


THE  TROUBLES  OF  A  PROSPECTOR  39 

era!  Claim  inspected  by  a  U.  S.  Surveyer  General?  Is  it  be- 
cause it  takes  less  or  requires  less  mental  effort  to  condemn 
than  it  does  to  investigate,  to  inspect,  to  examine,  to  analyse, 
to  seperate  the  elements  of  the  mineral  intc  their  constituent 
elemenary  parts  of  this  abov  matter. 

1,  J.  T.  Melich  demand  an  investigation  by  a  U.  S.  Min- 
eral expert  inspecter  Surveyer  General  to  inspect  this  above, 
matter.  United  States  Laws  Sec.  2335,  Land  Office  rules 
regulations  101  also  103  and  also  (1)  lands  returned  a  mineral 
by  the  surveyer  General  when  such  lands  are  showed  to  be 
entered  as  agricultural  under  laws  which  require  the  sub- 
mission of  final  proof  after  the  publication  and  posting  the 
filing  of. proper  nun  mineral  affidavit  in  the  absence  of  alliga- 
tion that  the  land  is  mineral  in  character  will  be  deemed  suf- 
ficient as  a  parlimentary  requirement. 

A  satisfactory  showing  as  to  the  character  of  land  must 
be  made  when  final  proof  is  submitted.  This  is  perjury  right 
in  the  eyes  of  so  called  upright  Honorable  Commissioners  of 
U.  S.  Land  Office,  Washington,  D.  C.  Perjiiry  penalty  there- 
of United  States  Law,  Sec.  5392.  Every  person  who  having 
taken  an  oath  before  a  competent  tribunal  officer,  or  person 
in  any  case  in  which  a  law  of  the  United  States  authorizes 
an  oath  to  be  administered,  that  he  will  testify,  declare,  de- 
pose, certify  truly  or  that  any  written  testimony,  declaration, 
deposition,  or  certificate  by  him  subscribed  is  true,  willfully 
and  contrary  to  such  oath  states  or  subscribes  any  material 
matter  which  he  does  not  think  to  be  true,  is  guilty  of  perjury 
and  shall  be  punished  by  a  fine  of  not  more  than  five  thous- 
and dollars  and  by  imprisonment  at  hard  labor  not  more  than 
five  years,  and  shall  moreover  thereafter  be  incapable  of  giv- 
ing testimony  in  any  court  of  the  United  States  until  such 
time  as  the  judgment  against  .him  is  reversed. 

Why  is  it  that  John  S.  Metzgar  boldly  declares  that  there 


40  THE  TROUBLES  OF  A  PROSPECTOR 

is  no  apex  of  about  two  feet  of  mineral  ore  right  in  between 
two  well  defined  wals  of  the  apex  of  the  high  mountain  of  the 
Greenhorn  Mineral  Claim.  And  also  swears  that  there  is  no 
mineral  ore  in  the  main  tunnel  of  the  Greenhorn  Mineral 
Claim  situated  on  the  N.  E.  l/±  of  the  X.  E.  l/^  of  Section  31, 
township  38  N.  Range  27  E.  W.  M.  This  perjury  right  in  the 
eyes  of  so  called  Honorable  Commissioners  of  General  Land 
Office,  Washington,  D.  C. 

Notice  of  appeal  to  John  T.  Melich  and  C.  C.  Upton,  his 
attorney. 

Sirs :  This  above  statement  is  not  true  and  not  conform- 
able to  facts.  Attorney  Upton  is  not  my  lawyer  in  this  above 
matter,  as  I  know  of  unless  Hal.  J.  Cole  had  him  employed  to 
make  use  of  his  service  by  looking  after  this  matter.  Right 
at  the  close  of  the  morning  and  afternoon  sessions  of  the  hear- 
ing of  the  protest  on  June  6th,  1912,  Hal.  J.  Cole  asked  Mr. 
Upton  if  he  would  look  after  the  rest  of  this  mater  and  Mr 
Upton  said  yes  and  then  Hal  J.  Cole  wanted,  1,  J.  T.  Melich 
to  go  into  the  office  room  with  Mr.  C.  C.  Upton  to  sign  arti- 
cles or  stipulations  that  Hal.  J.  Cole  wanted  it  to  put  on  lile. 
I,  J.  T.  Melich  said  that  I  did  not  have  any  money  to  hire  a 
lawyer  and  I,  J,  T.  Melich  did  not  go  into  the  office  room,  but 
Hal  J.  Cole  and  Mr.  Upton  did  not  seem  to  pay  any  attention 
to  what  I  had  said,  Mr.  Lea  White,  Mr.  Thomas  Roots  heard 
the  same  thing  and  there  were  others  there  that  heard  this 
above  matter. 

I  have  a  letter  from  Mr.  Upton  stating  that  1.  J.  T.  Mel- 
ich had  never  hired  him  to  attend  to  this  above  matter.  I  don't 
know  how  Mr.  Hal  J.  Cole  got  this  above  statement  on  his 
records.  You  can  search  me  as  to  how  he  got  it  to  put  on 
file.  I  am  totally  unconscious  of  the  facts  of  everything  per- 
taining to  the  method  he  had  employed  to  put  it  on  his  rec- 
ord. 


THE  TROUBLES  OF  A  PROSPECTOR  41 

Please  take  notice  that  John  S.  Metzgar  appeals  to  the  so- 
called  Honorable  Commissioners  of  the  General  Land  Office 
from  the  decision  of  the  Register  and  Receiver  rendered  in 
my  favor  August  27th,  1912  in  the  foregoing  entitled  case  dat- 
ed September  24th,  1912. 

X.  D  Walling,  Attorney  for  John  S.  Metzgar.  This  is 
the  atorney  that  Hal  J.  Cole  advised  I,  J.  T.  Melich  to  hire  for 
to  make  me  out  a  formal  protest  against  the  homestead  proof 
of  John  S.  Metzgar  and  told  the  Lady  typewriter  to  write 
me  out  his  address  on  a  slip  of  paper  right  before  two  witnes- 
ses, Olaf  Olsen  and  Mr.  Thomas  Roots  in  the  first  part  of  the 
month  of  October  1911. 

SPPECIFICATIONS  OF  ERRORS. 

Register  and  Receiver  errors  No.  1  and  2. 

In  recognizing  the  land  embraced  in  Metzgar's  home- 
stead entry  and  in  conflict  with  the  alleged  mineral  claims  of 
Melich  to  be  mineral  in  character. 

IN  REFERENCE  TO  STATEMENT 

All  of  the  evidence  so  far  in  this  case  from  start  to  finish 
goes  to  show  as  a  splendid  fact  that  Hal  J.  Cole  Register  has 
been  the  bitterest  enemy  that  I,  J.  T,  Melich  ever  had  dealings 
with  in  my  life.  Hal.  J.  Cole  was  very  careful  in  considering 
and  analyzing  every  proposition  that  was  proposed  or  offered 
for  consideration  in  this  case  in  order  that  he  would  not  make 
no  errors  that  would  be  to  any  benefit  to  me,  J.  T.  Melich. 

All  of  the  errors  that  he  has  ever  made  in  this  case  have 
been  conferred  as  a  great  injury  to  me  from  start  to  finish  in 
this  case.  John  S.  Metzgar  testified  that  he  had  put  one  acre 
of  land  under  cultivation  on  the  N.  E.  %  of  the  N.  E.  ;4  of 
Section  31,  township  38,  N.  Range  37  E.  W.  M.  When  he 
was  making  final  proof.  Right  before  Ley  White  and  I,  J., 


42  THE  TROUBLES  OF  A  PROSPECTOR 

T.  Melich  at  Marcus.  Stevens  Co.,  Wash. 

Sometime  in  the  first  part  of  the  month  of  October  1911, 
Mr.  Olaf  Olsen,  Mr.  Thomas  Roots  and  I,  J.  T.  Melich  went 
into  the  l:.  S.  Land  Office,  Spokane,  Wash.  I,  J.  T.  Melich 
asked  Mr.  Hal  J.  Cole  if  I  could  see  the  evidence  that  John 
S.  Metzg-ar  had  in  the  hearing-  of  his  final  proof  proceedings 
in  regard  to  the  improvements  that  John  S.  Metzgar  had 
made  on  the  X.  E.  y\.  of  the  X.  E.  1A  of  Section  31,  Township 
38,  N.  Range  37.  E.  W.  M.  and  Mr.  Hal  J.  Cole  got  mad 
right  before  these  two  witnesses,  because  I  had  part  of  the 
hearing-  of  John  S.  Metzgar  final  proof  proceedings  published 
in  the  Kettle  River  Journal  at  Orient,  Ferry  Co.  Wash.  Hal 
J.  Cole  said  that  I  had  no  business  to  publish  that  and  Mr. 
Alex  A.  Anderson  Editor  of  the  above  paper  had  no  business 
to  publish  that  and  that  it  must  of  cost  me  about  $10.00  to 
get  it  published. 

In  order  to  get  an  answer  to  the  questions  that  I  put  to 
him,  I  was  compelled  to  tame  his  natural  wildness  of  temper 
down  by  saying  that  some  of  the  best  of  them  make  mistakes, 
and  then  he  called  over  the  lady  typist  and  the  lady  said  that 
John  S.  Metzgar  had  no  evidence  in  the  final  proof  proceeding 
to  show  that  he  had  improvements  on  the  X.  E.  14  of  the  X. 
E.  1/4  of  Sec.  31,  Township  38,  X.  Range  37  E.  YV.  M.  Here 
is  one  lesson  of  the  splendid  truthful  fact,  right  in  the  eyes  of 
so  called  Honorable  Commissioners  of  the  General  I'.  S.  Land 
(  )frke,  Washington,  D.  C.  that  the  final  proof  proceeding  has 
been  refrained  after  the  hearing.  Xow  then  is  this  above 
statement  and  other  statement  proof  enough  that  rial  J.  Cole 
a*:  all  times  was  very  careful  in  making  errors  that  would  be- 
to  any  benefit  in  my  favor  in  this  above  matter. 

3:  Regiser  and  Receiver  erred  in  holding  for  cancellation 
any  portion  of  Metzgar's  Homestead  entry.  In  regard  to  this 
statement  1  will  say  that  you  have  got  one  law  that  gives  the 
prospecter  a  right  to  stake  mineral  claim  on  a  ho-iu-^t  -ad 


THE  TROUBLES  OF  A  PROSPECTOR  43 

entry  to  make  seareh  for  precious  stone  or  mineral  by  work- 
ing the  prospect,  and  then  you  have  got  another  law  that 
compelled  me  to  do  $800.00  (eight  hundred)  or  $900.00  (nine 
hundred)  worth  of  assessment  work  on  the  Greenhorn  Miner- 
al claim  in  order  to  hold  the  same.  And  then  you  have  got  an- 
other law  that  makes  no  matter  how  much  mineral  I  have  got, 
that  trys  to  make  a  trial  test  in  trying  to  change  the  formation 
of  the  Greenhorn  Mineral  Claim  from  mineral  to  nonmineraL 
That  tries  to  take  all  my  work  and  mineral  claims  away  from 
me  by  so-called  law.  It  has  been  rumored  all  around  the 
community  that  John  S.  Metzgar  gave  the  commissioners 
$50.00  for  the  privilege  of  appealing  the  decision  rendered 
in  my  favor  by  the  Register  and  Receiver,  Spokane,  Wash. 

What  fools  these  mortals  are.  Grafters  can  only  exist 
among  suckers.  Would  it  not  have  been  lots  better  if  John 
S.  Metzgar  gave  that  $50.00  to  some  expert  U.  S.  Mineral 
Survey er  General  for  examining  the  Greenhorn  Mineral 
Claim  as  to  the  character  of  it  being  mmmineral  or  mineral. 
He  would  state  the  facts  just  as  they  are  as  to  the  chaiacter 
of  the  mineral  on  the  Greenhorn  mineral  claim  and  \vhat  more 
does  he  want  than  facts. 

1,  J.  T.  Melich  demand  an  investigation  by  surveyer  Gen- 
eral instead  of  giving  the  fifty  dollars  to  the  commissioners  for 
the  purpose  of  trying  to  change  the  formation  of  the  Green- 
horn Mineral  Claim  from  mineral  to  mmmineral  and  make  it 
appear  so  that  the  apex  with  a  compact  solid  of  about  two  feet 
of  mineral  ore  right  between  two  well  defined  walls  on  the 
apex  of  the  high  mountain  of  the  Greenhorn  Mineral  Claim 
will  try  to  make  the  apex  disappear  off  of  the  Globe  of  the 
earth  so  that  it  will  be  invisible  to  any  intelligent  person  of 
intellectual  capacity,  of  skill  and  knowledge. 

Oh,  but  is  it  not  wonderfully  surprising  the  marvelous 
powers  that  theso  so-called  Honorable  Commissioners  have 


44  THE  TROUBLES  OF  A  PROSPECTOR 

got  in  forming'  miracles,  in  changing'  the  formation  of  the 
Greenhorn  Mineral  Claim  from  mineral  to  nunminetal  to  nun- 
mineral  to  mineral. 

Then  Mr.  Hal  J.  Cole  has  got  the  gall  of  addressing  yours 
as  the  Honorable  Commissioners  of  the  General  Land  Office 
of  Washington,  D.  C.  I  think  he  means  that  we  have  got  to 
honor  meanness  and  starve  generosity.  I  want  it  distinctly 
understood  to  be  very  careful  in  considering  this  above  mat- 
ter, so  as  not  to  commit  yourselves  to  any  errors  that  would 
be  to  my  interest  or  benefit  or  to  I,  J.  T.  Melich's  favor.  I 
want  this  to  fie  distnctly  understood,  you  are  my  enemies  all 
the  way  through  in  this  fight  from  start  to  finish  and  I  do  not 
want  your  favors. 

BRIEF  AND  ARGUMENTS. 

The  evidence  shows  that  Metzgar  made  homestead  en- 
try, which  embraces  in  the  controversy,  in  1905  has  since  that 
time  continued  in  possession,  fully  complying  with  the  home- 
stead laws  in  every  respect. 

In  regard  to  this  statement,  I,  J.  T.  Melich  will  say  that 
Mr.  Metzgar  has  testified  at  the  hearing  of  the  protest  that 
there  was  only  about  four  acres  of  land  that  was  tillable  soil 
that  could  be  plowed  out  of  every  25  acres  that  I  have  got  stak- 
ed out  into  mineral  claims  unless  the  hearing  of  the  protest 
has  been  reframed  since.  If  very  prospecter  had  to  quit  work 
in  this  world  that  never  had  any  better  mineral  showing  than 
I,  J.  T.  Melich  has  got  on  the  Greenhorn  Mineral  claim,  there 
\voulcl  hardly  be  one  mine  in  operation  today,  and  John 
S.  Metzgar  would  have  to  plow  the  four  acres  of  land  with 
a  wooden  plow  right  in  the  eyes  of  so-called  Honorable  Com- 
missioners of  the  General  Land  Office,  Washington,  1).  C. 

It  was  not  until  July  1909  that  Melich  discovered  the  fab- 
ulous deposits  of  ore  upon  this  ground,  that  according  to  his 


THE  TROUBLES  OF  A  PROSPECTOR  45 

testimony  consists  of  a  solid  mass  of  melted  mineral  that  has 
been  their  for  one  million  years. 

To  his  fabulous  statement  stating  that  1,  J.  T.  Melich 
has  not  discovered  the  apex  of  about  two  feet  of  solid  mineral 
right  between  two  well  defined  walls  looks  as  though  it  has 
been  melted  or  badly  burned  until  July  1909  is  false  and  not 
in  harmony  with  the  facts  that  this  apex  on  the  apex  on  the 
high  mountain  is  situated  very  close  to  the  north  west  corner 
of  the  north  west  1A  of  the  N.  W.  *4  of  Section  32,  Township 
38  N.  Range  37  E.  W.  M.  or  about  1400  feet  in  an  easterly 
direction  from  location  stake  which  has  been  described  at  the 
hearing  of  the  protest  as  being  prospect  hole  No.  1  and  thence 
about  250  feet  in  an  easterly  direction  to  the  main  tunnel 
which  has  been  described  as  prospect  tunnel  N.  2  and  thence 
about  1000  feet  in  an  easterly  direction  to  prospect  tunnel  X<>. 

3  and  then  about  150  feet  in  an  easterly  direction  to  the  apex 
which  was  defined  at  the  hearing  at  the  protest  as  Shaft.  No. 

4  unless  the  hearing  of  the  protest  has  since  been  refrained. 
All  these  above  tunnels  and  the  apex  shaft  are  on  the  Green- 
horn quartz  mineral  claim  situated  on  the  N.  j/2  of  the  N.  W. 
%  of  the  N.  W.  1A  of  Section  32  and  on  the  X.  E.  *4  of  the  X. 
E.  l/4  of  Section  31,  Township  38,  N.  Range  37  E.  W.  M. 

Location  work  of  the  Greenhorn  No.  2  quartz  mineral 
claim  is  about  300  feet  in  a  northerly  direction  from  the  main 
tunnel  of  the  Greenhorn  claim  as  testified  to  at  the  hearing  of 
the  protest  unless  it  has  all  been  reframed  since  and  that  is 
why  I  am  not  allowed  to  have  a  copy  of  the  protest. 

QUESTIONS  AT  THE  HEARING  OF  THE  PROTEST 

Attorney  Walling:  Was  the  apex  ever  staked  out  be- 
fore you  staked  it,  or  how  did  you  come  to  stake  it  out? 

Ans.  John  T.  Melich  :  I  can  tell  you  all  about  that  apex  and 
it  is  necessary  that  it  should  be  explained.  I  will  explain  it 
to  vou  if  vou  wish  me  to.  \ 


46  THE  TROUBLES  OF  A  PROSPECTOR 

Attorney  Walling:    "You  needn't  mind  explaining  it. 

Attorney  Upton:  Explain  what  you  said  was  necessary 
to  he  explained  about  the  apex. 

J.  T.  Melich:  In  the  month  of  May,  my  partner,  Mr. 
John  Desjordin  and  myself  staked  out  two  claims  the  Gun- 
load  and  the  Lake  Mineral  claims.  I,  J.  T.  Melich  left  a  man 
to  work  in  my  place  with  partner  J.  Desjordin  to  do  the  lo- 
cation work  on  these  two  claims  and  then  f  went  to  Spokane 
and  bought  400  pounds  of  dynamite  and  had  it  sent  to  Boyds, 
Wash,  to  my  partner.  When  they  had  the  location  work  done 
on  these  two  claims  then  my  partner  began  to  hunt  for  other 
leads  of  ore.  While  he  was  examining  the  lead  of  ore  right 
where  1  have  done  the  location  work  for  the  Greenhorn  X<>. 
2,  Mineral  Claim  300  feet  north  of  the  main  tunnel  of  the 
Greenhorn  claim.  This  was  sometime  in  June  1908.  John  S. 
Metzgar  came  up  to  my  partner  and  told  him  that  he  would 
show  him  better  lead  of  ore  than  the  one  that  is  300  feet  north 
of  the  main  tunnel  of  the  Greenhorn  Claim  for  a  50  pound  box 
of  dynamite.  Mr.  Desjordin  asked  Metzgar  if  it  was  on  this 
mountain  and  Metzgar  said  yes  and  Mr.  Desjordin  said  if 
there  is  anything  on  this  mountain  I  will  find  it.  Then  Mr. 
Desjordin  changed  his  mind  in  staking  this  above  claim  men- 
tioned and  started  right  away  to  hunt  for  this  better  lead  of 
ore  that  Metzgar  said  was  on  this  mountain. 

It  was  not  long  till  my  partner  got  up  on  the  top  peuk 
of  this  mountain  and  there  it  was  sticking  right  up  in  the  air 
about  two  feet  of  a  mass  of  mineral  ore  right  between  two  well 
derincd  walls.  My  partner  Mr.  Desjordin  said  himself  that 
it  looked  as  though  it  had  been  melted  or  badly  burnt.  Mv 
partner  staked  it  out  right  away  and  then  Mr.  Met/oar  ont 
mad  at  him  because  he  had  staked  it  out  on  his  homestead  ami 
they  got  a  quarrelling  over  it  that  caused  them  t<>  lose  their 
friendship  by  squabbling  with  one  another  about  this  above 


THE  TROUBLES  OF  A  PROSPECTOR  47 

apex  that  was  discovered  in  June  1908 

When  I  got  back  to  the  mines  my  partner  showed  me  this 
apex  in  July  1908  and  told  me  ail  about  it  and  how  he  came 
to  find  it  by  Metzgar  telling  him  that  he  could  show  him  a 
better  lead  of  ore  on  this  mountain  for  a  box  of  dynamite. 
After  I  had  examined  it  all  over,  I  told  my  partner  that  he  had 
better  chop  the  stakes  down  again.  I  told  him  to  take  the 
mineral  ore  out  of  a  shaft  at  an  angle  of  that  depth  would  eat 
up  all  the  profit  and  that  we  better  not  stake  it  out  until  \ve 
found  a  cropings  600  or  700  feet  lower  with  a  tunnel  so  the 
mineral  ore  can  be  taken  out  on  a  level  and  my  partner  went 
to  work  and  chopped  the  stakes  down  again.  If  this  apex 
was  ever  staked  out  before  as  Mr.  Metzgar  claims  in  his  ap- 
peal and  this  above  statement  are  the  splendid  and  truthful 
facts,  why  this  apex  has  been  abandoned  before  as  Mr.  Metz- 
gar knows  all  about  it  years  ago.  But  Mr.  Metzgar  has  nev- 
er claimed  before  in  any  of  the  hearing  of  the  final  proof,  at 
his  hearing  of  the  final  proof  he  testified  that  there  was  only 
two  prospect  holes  on  the  Greenhorn  Mineral  Claim  that  look 
like  boulders  slightly  mineralized  with  a  little  white  iron, 
light  in  the  yes  of  so-called  Honorable  Commissioners  of  Gen- 
eral Land  Office,  Washington,  D.  C.  unless  the  hearing  of  the 
final  proof  has  since  been  refrained. 

At  the  hearing  at  the  protest. 

Attorney  Upton :  Did  you  testify  at  the  hearing  of  your 
final  proof  Sept.  6th  1911  that  there  was  only  two  prospect 
holes  on  the  Greenhorn  Mineral  Claim.  Mr.  Metzgar.  I 
might  have  said  something  like  that.  Unless  the  hearing  of 
the  protest  has  since  been  reframed  this  is  proof  enough  that 
establishes  the  truth  by  his  own  evidence  that  John  S.  Metz- 
gar has  been  trying  to  make  final  proof  in  the  absent  of  show-- 
in £  that  the  character  of  the  land  on  the  Greenhorn  Mineral 


48  THE  TROUBLES  OF  A  PROSPECTOR 

Claim  is  mineral  in  character  for  no  other  reason  only  that 
he  is  speculating  on  the  mineral  of  a  big  shoot  of  ore.  of  about 
two  feet  of  solid  mineral  ore  leads  from  right  in  the  apex  right 
in  the  eyes  of  so-called  Honorable  Commissioners  Washing- 
ton, D.  C. 

1,  J.  T.  Melich  testified  at  the  hearing  of  the  protest  that 
there  is  an  apex  of  about  two  feet  of  a  solid  mass  of  melted 
mineral  ore  right  in  between  two  well  defined  walls  that  has 
been  there  for  over  a  million  years,  right  in  the  eyes  ot  John 
S.  Metzgar  for  nearly  7  years  before  he  made  final  proof.  An 
apex  of  this  kind  that  sticks  right  up  in  the  air  on  the  apex  of 
the  high  mountain  of  the  Greenhorn  Mineral  Claim  has  been 
proven  the  world  over  that  it  always  comes  from  a  big  shoot 
of  ore;  that  shoot  of  ore  shoots  out  wings,  veins,  limbs, 
branches  or  stratas  or  whatever  you  may  call  them. 

This  apex  runs  in  an  easterly  and  westerly  direction  and 
all  of  the  veins  that  crop  up  on  the  south  of  the  apex  dip  north 
into  the  shoot  of  ore  and  all  of  the  veins  of  ore  that  crop  up 
on  the  north  of  the  apex  dip  south  into  the  big  shot  of  miner- 
al ore  that  the  apex  sprung  from.  A  proposition  of  this  kind 
has  never'  yet  in  the  world  over  been  proven  that  it  did  not 
make  a  mine.  After,  I,  J.  T.  Melich  has  discovered  this  apex 
in  July  1908  it  was  quite  difficult  for  me  to  discover  one  of 
these  veins  above  mentioned  at  lower  angle.  I  had  strived 
by  seeking,  searching,  examining,  investigating  and  explor- 
ing this  of  the  Greenhorn  claim  for  a  whole  year  before  T 
found  a  cropping  of  about  200  feet  on  the  south- of  the  apex 
at  an  angle  of  about  600  or  700  feet  lower  than  the  apex  and 
thence  about  1400  feet  in  an  westerly  direction  from  the  apex 
and  right  here  is  where  I  did  the  location  work  of  the  Green- 
horn Mineral  Claim  and  staked  it  out  on  July  1st,  1909.  In 
1(>10-1  had  done  or  added  5  feet  of  tunnel  to  the  location  work 
of  Greenhorn  Claim  and  done  the  rest  of  the  assessment  by 
making  a  road  up  the  mountain  for  the  year  1910. 


THE  TROUBLES  OF  A  PROSPECTOR  49 

While  I  was  working-  on  this  road  I  discovered  a  better 
croping  about  250  feet  in  an  easterly  direction  from  location 
stake  of  the  Greenhorn  Mineral  claim  and  was  trying  to  clear 
two  acres  of  land  on  the  Lake  Claim  for  a  garden.  I  did  not 
go  to  work  on  this  new  discovery  until  August  16th  1911  and 
done  the  assessment  work  by  making  an  incline  open  cut 
shaft  or  tunnel.  I  saw  right  away  that  all  of  the  work  for  all 
of  the  claims  should  be  done  on  this  main  tunnel  No.  2  of  the 
Greenhorn  Claim,  but  did  not  at  that  time  join  my  other 
claims  without  staking  another  claim  between  that  which 
would  join  the  Lake  Claim  on  the  south  and  join  the  Green- 
horn on  the  north,  so  I  staked  out  the  Greenhorn  No.  2  quartz 
Mineral  claim  and  did  the  location  work  right  where  my  part- 
ner John  Desjordin  was  about  on  the  verge  of  doing  the  lo- 
cation work  for  a  claim  he  intended  to  stake  out  300  feet  north 
of  the  main  tunnel  of  the  Greenhorn  Claim,  but  John  S.  Metz- 
gar  changed  his  mind  by  telling  him  that  he  could  show  him 
a  better  lead  of  mineral  ore  on  this  mountain  for  a  box  of  50 
pounds  of  dynamite.  Desjordin  told  him  anything  on  this 
mountain  I  will  find,  and  he  found  it  right  away  in  June,  1908. 
I,  J.  T.  Melich  staked  the  Greenhorn  No.  2  claim  on  Sept.  1st, 
1911,  that  had  joined  all  of  the  5  claims  together,  all  joining 
one  another  on  the  north.  In  the  year  of  1912  I  done  50  feet 
of  incline  tunnel  work  on  th  main  tunnel  of  the  Greenhorn 
Mineral  Claim.  That  50  feet  of  work  on  the  main  tunnel  holds 
good  by  law  for  all  of  the  assessment  work  for  the  five  claims 
for  the  year  ending  1912,  known  as  the  Greenhorn  Group  of 
Mineral  Claims. 

I  want  to  go  back  to  the  main  question  involved  at  the 
hearing  of  the  protest.  I,  J.  T.  Melich  testified  that  there  is 
about  two  feet  of  a  mass  of  melted  mineral  ore  right  in  be- 
tween two  well  defined  walls  on  the  apex  of  the  high  moun- 
tain of  the  Greenhorn  Mineral  Claim  that  has  been  there  for 
over  a  million  vears 


50  THE  TROUBLES  OF  A  PROSPECTOR 

For  the  authority  of  this  testimony  1  will  take  Sir  George 
Darwin  who  has  discussed  the  age  of  the  earth  from  a  purely 
astronomical  point  of  view  from  his  theory  of  the  earth  from 
and  moon  system  he  derived  an  estimate  of  more  than  56  mil- 
lion years  which  for  a  long  time  stood  rather  alone  between 
groups  of  higher  and  lower  figures.     Scores  of  other  astrono- 
mers estimated  the  age  of  the  strata  of  stone      The  carbon- 
iferous  formation   system   which   has   veins  of  carbon   in   be- 
tween stone  consisting  of  beds  of  clay,  coal-seams  belxveen 
th^se  layers  of  iron  and  slate.     These   layers  with   veins  of 
carbon  in  between  is  the  upper  division  of  a  bed  of  coal  or 
carbon  and  with  the  slow  process  of  the  workings  of  nature 
which  is  the  law  of  evolution  that  changes  the  previous  for- 
mation of  vegetation   into  charcoal,  graphite  or  coal.     That 
has  formed  the  beds  of  carbon  is  claimed  to  be  half  as  old  as 
the  earth  or  over  28  millions  of  years.     This  has  been  figure,! 
out  by  scientific  astronomers  by  the  rules  of  a  system  01  uni- 
versal laws  of  evolution  that  is  in  action  in  the  slow  gradual 
process  of  the  workings  of  nature.     In  all  that  is  in  natures 
beauty  in  everything,  the  living,  the  actions  and  the  re-actions 
p;  universal   laws  that  have  their  effect  in   the  slow  process 
that  is  in  action  is  the  law  of  evolution  and  the  changes  that 
takes  the  place  of  the  process  is  the  law  revolution,  or  in  other 
words   the   incubator   is   the  law  of  evolution   and   the  birth 
is  the  law  of  revolution. 

1  will  now  concentrate  all  of  my  mental  forces  on  this  on«* 
point  of  view,  considering  the  main  argument  of  the  above 
question,  I  can  only  arrive  at  the  conclusion  that  all  cf  the 
worlds  greatest  thinkers  claim  that  this  e:;rt!i  was  partly  m 
a  melted  state  over  a  million  years  a-o  ;md  the  doctrine  of 
science  of  a  Granit  boulder  is  an  nnstraiified  dead  stone.  There 
had  never  been  any  life  found  to  exist  in  a  gr;mit  ixmldcr. 
\\hyr  Because  a  granit  boulder  is  melted  sand,  similar  to 


THE  TROUBLES  OF  A  PROSPECTOR  51 

glass.  At  the  time  this  earth  was  part'y  in  a  melted  state 
and  vvhereever  it  was  hot  enough  to  melt  the  sand,  it  formed 
a  granit  boulder  and  that  was  over  a  million  years  ago.  A 
granit  boulder  never  rolls  up  on  top  of  a  high  mountain — 
they  always  roll  down  the  mountain. 

There  are  granit  boulders  lying  all  around  on  all  sides 
of  the  apex  that  I  had  testified  to  having  about  two  feet  oi 
solid  mineral  ore  right  in  .between  to  well  defined  walls  that 
looks  as  though  it  has  been  melted  or  badly  burned  that  has 
been  there  for  over  a  million  years.  I  take  it  as  granted  that 
about  the  same  heat  that  has  formed  the  granit  boulder,  melt- 
de  or  burned  this  ore  in  the  apex  and  about  the  same  time, 
which  is  claimed  by  the  best  and  well  known  learned  men  of 
the  world.  This  has  been  over  a  million  years  ago  at  the 
time  that  the  earth  was  partly  in  a  melted  state. 

John  S.  Metzgar  and  his  witnesses  to  gether  with  Hal  J 
Cole  and  his  attorney  N.  D.  Walling,  who  is  one  cf  the  law- 
yers out  of  the  three  lawyers  that  Hal  1.  Cole  advised  I,  J.  T. 
Melich  to  hire,  has  got  this  above  theory  based  on  creeds  and 
creeds  is  a  belief.  They  are  going  to  prove  it  by  the  Christian 
Bible  that  this  world  is  not  a  million  years  old. 

When  the  science  of  scientists  some  few  years  ago  forced 
the  Political  grafters  to  make  laws  that  would  keep  the  teach- 
ings of  the  Bible  creeds  out  of  the  public  schools,  why?  For 
the  simple  reason  that  there  is  not  a  rule  or  a  system  of  uni- 
versal laws  in  the  whole  Bible  from  beginning  to  end.  It  is 
nothing  more  than  the  guess  work  in  the  whole  Bible  from  be- 
ginning to  end.  It  is  nothing  more  than  the  guess  work  of 
men  from  start  to  finish  and  children  cannot  agree  upon  guess 
work  without  rules  or  regulations  of  a  system  of  universal 
laws.  There  are  no  arguments,  there  is  no  knowledge  of 
understanding  that  would  prove  anything.  I  can  prove  this  to 
be  a  fact. 

For  example,  I   will  draw   lines  right  here  of  the  space 


THE  TROUBLES  OF  A  PROSPECTOR 

chat  is  filled  with  mineral  ore  in  the  apex  of  the  Greenhorn 
Mineral  Claim. 


North  Walls. 


sapce  of 
ore  running 
in  an  westerly 
direction. 


Space  of 
ore  running- 
in  a  easterly 
direction. 


South  Walls. 


Now  then  how  are  we  going  to  find  out  how  wide  the 
distance  is  filled  with  mineral  ore  right  in  between  two  well 
defined  walls?     Looks  as  though  it  has  been  melted  on  the 
apex  of  the   Greenhorn   Mineral   Claim.     Now  then   how  are 
we  going  to  find  out  how  wide  this  above  space  of  ore  is?  Are 
we  going  to  find  out  by  guess  work?     If  so  I  would  like  to 
have  John  S.  Metzgar  make  a  guess  as  to  how  wide  this  SJKR-C 
is  on  the  apex  running  in  an  easterly  and  westerly  direction. 
Now  then  let  me  tel  you  right  here  that  John  S.  Met/.gar  Las 
made  a  guess  at  the  hearing  of  the  final  proof  and  at  that  hear- 
ing at  the  protest  that  there  is  no  distance  of  space  oi  mineral 
ore  between  two  well  defined  walls,  that  this  above  space  of 
mineral  ore  does  not  exist  on  the  Greenhorn  Mineral  Claim 
unless  the  final  proof  and  the  protest  has  been  reframed  since 
the  hearings.     Now  then  John  S.  Metzgar  boldly  declares  his 
above  guess  to  be  the  truth  and  wishes  every  one  else  to  be- 
lieve it  to  be  the  truth  without  having  a  rule  or  a  system  of 
universal  laws  to  prove  his  guess  to  be  the  truth  and  without 
giving  any  one  else  a  chance  to  make  a  guess  as  to  b"\\    wide 
the  space  of  mineral  ore  is  that  is  in  between  these  two  well  de- 
fined walls  on  the  apex  of  the  Greenhorn  Mineral  Claim  that 
looks  as  though  the  mineral  has  been  melted  about  the  time 
that  *he  granite  boulder  has  been  formed  and  that  was  ove:-  a 
million  years  ago.     This  kind   of  a  theory  that   Metzgr.r  has 
got  to  prove  this  above  theory  to  be  the  truth  is  ju^t  by  making 


THE  TROUBLES  OF  A  PROSPECTOR  53 

a  guess  that  the  apex  does  not  and  never  did  exist  and  i)y 
wishing  every  one  else  to  beleive  it  to  be  the  truth  bcconi  -s 
a  creed  and  this  is  how  every  creed  in  th  Bible  has  Deen  in- 
vented by  story  teller  novel  writers.  Only  the  Bible  has 
more  tales  and  stories  than  any  other  novel  that  was  ever 
writen.  This  creed  of  Metzgar's  invention  means  that  we 
all  must  falsely  beleive  into  something  that  does  rot  exist  nor 
never  did  exist.  Now  then  we  will  say  that  John  S.  Mevzgar 
and  his  witnesses  Mr.  C.  C.  Gay  and  Mr.  Regan,  together 
with  Hal  J.  Cole  and  his  lawyer  Mr.  Walling  all  solemnly 
agree  to  beleive  into  Metzgar's  above  creed  that  there  is  no 
width  of  mineral  ore  running  in  an  easterly  and  westerly  di- 
rection that  looks  as  though  it  has  been  melted  right  in  be- 
tween two  well  defined  walls  on  the  apex  of  the  high  moun- 
tain with  granit  boulders  lying  on  all  sides  oi  the  Greenhorn 
Mineral  Claim  that  has  been  there  for  over  a  million  years. 
Just  as  long  as  they  all  beleive  into  this  above  creed  of  Metz- 
gar's they  will  never  be  able  to  discover  that  there  are  rul«'s, 
rgulations  of  a  system  of  universal  laws  to  go  by  that  wouM 
give  them  the  knowledge  to  know  that  the  width  of  the  melt- 
ed ore  that  is  in  the  distance  between  the  two  well  define! 
walls  is  just  exactly  as  wide  as  it  is  in  the  apex  of  the  Green- 
horn Mineral  Claim. 

Without  rules,  regulations  of  a  system  of  universal  lavvs 
we  cannot  prove  anything  and  there  is  no  knowledge  without 
them  there,  no  doubt,  and  if  there  is  no  doubt,  there  is  no 
force  that  would  force  them  to  seek,  search  and  investigate 
these  creeds  of  Metzgar's  that  he  so  falsely  declares  to  be  the 
truth,  and  wants  every  one  else  to  beleive  to  be  the  truth  and 
that  is  all  there  is  to  it.  because  he  takes  it  as  granted  ;hat  .he 
creed  in  the  Bible  tells  us  that  this  world  is  rot  a  million 
years  old,  and  we  must  all  believe  in  the  Bible  for  it  is  the 
<  iily  book  we  have  got  that  will  prove  this  above  theory  to 
be  the  truth  and  nothing  but  the  truth  and  we  must  believe 


54  THE  TROUBLES  OF  A  PROSPECTOR 

it.  A  creed  is  a  belief  into  something  that  is  invisible  to  all 
intelligent  beings  that  are  endowed  with  good  intellectual 
faculty  of  understanding  comprehending  clearly  every  propo- 
sition that  has  been  proposed  or  offered  to  be  considered  for 
discussion  as  to  its  falsity  not  being  true  with  conformable 
to  facts.  Some  one  said  that  a  man  that  invented  soup  has 
done  more  good  than  all  creeds  that  have  ever  been  invented. 
'Anyone  can  invent  a  creed.  All  he  needs  to  do  is  to  make  a 
guess  at  something  that  does  not  exist  or  never  did  exist, 
that  is  invisible  to  all  and  then  boldly  testify  that  it  is  the 
truth,  and  wants  everyone  else  to  agree  with  him  on  the  guess 
he  has  made  by  beleiving  his  creed  to  be  the  truth  without 
having  any  rules  or  system  of  universal  laws  that  would  prove 
his  guess  to  be  the  truth.  This  kind  of  a  doctrine  in  trying  to 
prove  the  above  theory  by  beleiving  into  Bible  creeds  is  proof 
enough  that  this  world  is  not  a  million  years  old,  and  we  must 
all  beleive  the  Bible  to  be  the  truth.  This  kind  of  a  doctrine 
intends  to  force  all  minds  into  one  mold.  There  is  not  any- 
thing that  is  more  degrading  than  this.  It  is  not  necessary 
for  me  to  beleive  into  Metzgars  guess  of  creeds,  or  do  as  tin- 
Bible  dictates  so  long  as  all  minds  are  not  forced  into  one 
mold.  Knowing  that  Metzgar  and  Hal  J.  Cole  and  Lawyer  X. 
D.  Walling  are  interested  in  their  own  affairs  more  than  they 
are  in  anyone  else's  affair  and  if  I  do  not  act  accordingly  and 
speak  to  suit,  I  know  I  am  bound  to  make  myself  disagree- 
able to  them.  But  nevertheless  experience  in  the  trials  of  life 
has  taught  me  the  principles  that  by  being  strictly  agreeable 
on  guess  work  one  would  not  have  a  mind  of  his  own  or  an 
opinion  of  his  own.  He  would  just  simply  be  a  machine  wound 
up  to  beleive  and  do  everything  that  he  is  told  to  do  or  dictat- 
ed to  him  to  do.  Oh  yes,  the  Bible  creeds  tell  the  world  that 
this  world  is  not  a  million  years  old  and  the  world  must  believe 
it  to  be  so.  Xo  person  must  form  an  opinion  of  his  own  that  it 
is  not  so.  I  tell  you  it  takes  talent  to  go  through  the  streams 


THE  TROUBLES  OF  A  PROSPECTOR  55 

of  public  opinion  without  getting  your  petticoat  wet.  One 
would  have  to  lift  them  up  pretty  high,  1  can  tell  you,  let 
it  be  the  most  charming  stream  of  light  that  casts  its  rays  on 
public  opinion.  Public  opinion  will  go  to  prove  that  its  mer- 
riest days  are  not  yet  gone  by.  Every  beautiful  passing  stream 
of  opinion  that  has  dashed  and  penetrated  the  public  mind 
has  been  met  with  that  wild  made  music  of  contempt  and  dis^ 
agreeableness.  Long  may  we  live  to  become  Stoics  to  enjoy  and 
to  endure  disagreeableness.  I  have  been  kicked  and  dragged 
along  the  beaten  track  by  creed  believers  almost  from  one  end 
of  this  country  to  the  other  end,  until  I  am  so  sorry  that  I  am 
hardly  able  to  sit  down.  My  desire  to  have  a  thing  or  do  a  thing 
is  exclusive  evidence,  by  creed  beleivers.  that  I  am  not  to 
have  it  or  do  it.  Should  I  discover  a  rule  or  a  system  of  nat- 
ural laws  that  would,  prove  that  the  creed  in  the  Bible  that 
Metzgar  intends  to  introduce  as  evidence  that  a  granite  bould- 
er is  not  a  million  years  old  is  false  and  not  conformable  to 
facts,  he  would  deny  the  fact  and  then  curse  the  finder  with 
grumbling  arguments  scraps  of  dogma.  Creed  inventors  have 
always  been  the  enemies  of  science  by  denying  the  rules  of  a 
system  of  natural  laws. 

In  order  for  me  to  prove  this  to  be  a  true  fact,  I  wilt  t'dke 
a  creed  from  the  Bible  that  will  prove  the  fact  that  Mr.  Jesus 
Christ,  the  Father,  Son  and  Holy  Ghost.  These  are  three  dif- 
ferent distinct  persons  making  one  distinct  person,  or  in  other 
words  three  times  one  makes  one.  If  that  is  not  a  joke  I  do 
not  know  what  a  joke  is. 

There  is  not  hardly  anything  but  that  can  be  proven  by 
the  Bible  through  the  power  of  beleif.  Chattel  slavery  was 
proven  by  the  Bible  to  be  just.  Wage  slavery  today  is  proven 
by  the  Bible  to  be  right  and  just.  These  are  all  jokes  and  all 
we  need  to  do  in  order  to  prove  it  to  be  so  is  to  believe 
it  to  be  the  truth  and  then  it  will  be  so  And  just  so 
long  as  the  people  of  the  world  give  all  of  their 


56  THE  TROUBLES  OF  A  PROSPECTOR 

time  and  and  attention  in  believing  jokey  creeds,  just  as 
long  they  will  never  know  anything  about  rules  and  regula- 
tions of  a  system  of  universal  laws  that  would  teach  them  the 
real  things  in  life.  If  we  obey  the  universal  laws  we  will 
then  drift  out  of  this  worldly  hell  into  a  worldly  heaven.  The 
joys  and  pleasures  that  are  in  real  life  is  what  makes  life 
worth  living.  In  other  words,  anything  that  you  will  not  give 
your  time  and  attenion  to  you  will  never  know  anything 
about,  that  you  have  not  given  your  time  and  attention  to. 

First:  I  will  endeavor  to  prove  the  fact  by  rules  of  nat- 
ural laws  that  Mr.  Jesus  Christ  was  a  fake  and  a  joker.  \\  c 
can  only  discover  the  natural  laws  by  going  from  cause  to 
effect.  Every  time  we  trace  a  cause  to  the  effect  we  discover 
a  natural  law.  It  is  a  natural  law  that  something  lighter  than 
air  will  be  the  cause  that  will  have  its  effect  in  suspending  it- 
self in  the  air. 

I:  is  a  natural  law  that  something  lighter  than  water  will 
be  the  cause  that  will  have  its  effect  in  suspending  itself  on 
the  top  of  water.  It  is  a  natural  law  that  something  like  a 
hair  heavier  than  the  surface  of  the  water  will  be  the  cause 
that  will  have  its  effect  in  floating  just  underneath  the  surface 
of  the  water. 

Why?  Because  it  is  governed  by  two  causes  that  will 
have  their  effect.  One  cause  is,  that  the  water  above  the  ar- 
ticle being  somewhat  like  a  hair,  lighter  than  the  water  hold- 
the  article  from  coming  upon  the  surface  of  the  water.  The 
other  cause  is  that  the  water  under  the  article  being  heavier 
than  the  article  is  the  cause  that  will  have  its  effect  in  hold- 
ing the  article  from  going  down.  And  there  it  is.  floating 
under  the  surface  of  the  water  while  it  is  suspended  in  a  po- 
sition so  as  the  article  cannot  either  go  up  or  go  down. 

It  is  a  natural  law  that  something  heavier  than  nil  kinds 
of  water  will  be  the  cause  that  will  have  its  effect  in  sinking 


THE  TROUBLES  OF  A  PROSPECTOR 

in  the  water.  All  these  above  causes  are  governed  by  natural 
laws  and  they  cannot  be  changed  by  no  living  being.  The 
natural  laws  treat  every  cause  with  perfect  justice,  natural 
laws  punish  all  who  violate  them  and  reward  all  who  obey 
them.  The  laws  rea^  equal  rights  to  all  and  special  privilege 
to  none. 

Mr.  Jesus  Christ  being  heavier  than  water  denies  these 
natural  laws  by  saying  that  the  law  gives  him  the  privilege 
to  walk  on  the  top  of  the  surface  of  the  water.  But  denies 
anyone  else  the  privilege  to  walk  on  top  of  the  water.  If  that 
is  not  a  joke,  I  do  not  know  what  a  joke  or  a  joker  is. 

Therefore  we  must  all  realize  the  fact  that  anyone  read- 
ing anything  out  of  the  Bible  does  not  make  it  so.  Just  be- 
cause they  read  it  in  the  Bible  and  think  it  is  so.  I  have  proved 
it  all  to  be  a  damm  lie.  That  is  more  than  most  all  others  are 
doing  with  everything  they  read  in  the  Bible.  They  come 
right  out  and  tell  us  that  it  is  so.  And  want  us  all  to  believe 
it  is  so  in  order  that  it  may  become  a  settled  fact.  I  say  it  is 
all  a  damm  he.  Unless  it  was  dry  water  that  Jesus  walked 
on.  But  who  knows  whether  the  water  was  dry  or  wet?  The 
Bible  does  not  say. 

Jesus  walked  on  top  of  water. 

All  natural  laws  were  reversed. 
I  don't  think  he  them  altered, 

But  waited  for  a  cold  day  first 
As   the   Bible  does  not  say  whether  the   water  was 

wet  or  dry, 
It  must  have  been  dry  that  day 

Else  he  never  would  have  tried. 
Maybe  he  had  no  dough, 

So  the  cheapest  way  he  shouted. 
Maybe  there  are  those  who  know. 

No  wonder  Jesus  walked. 

It  is  said  by  every  creed  believer  of  the  Bible  that  they 
have  solemnly  agreed  never  to  out  grow  the  creed  that  they 


THE  TROUBLES  OF  A  PROSPECTOR 

have  all  pledged  themselves  to  believe  that  Mr.  Jesus  Christ 
walked  on  top  of  water  or  that  a  granite  boulder  is  not  a  mil- 
lion  years   old.      Upon   these   conditions   the   creed   inventors 
agrees  to  save  his  soul  and  they  turn  over  their  brain  to  bind 
the  bargain.     Are  we  going  to  get  to  the   fact  of  this  above 
theory  by  judging  a  mans  character  by  the  number  of  such 
stories  he  believes  in?    Are  we  going  to  get  to  facts  by  creeds 
or  by 'deeds?    That  is  the  question.     Are  we  to  reason  or  art 
'we  to  simply  believe  the  creeds  that  Mr.  Jesus  Christ  walked 
on  top  of  the  water  or  that  the  apex  does  not  exist  or  never 
did  exist.    One  who  believes  and  does  not  think  that  the  apex 
exists 'is  a  son^iess  bird  in  a  cage,  one  who  is  a  free-thinker 
t  and   thinks  that  the  apex  does  exist  is  an  eagle  parting  the 
clouds  with  tireless  wings.     Here  is  one  that  docs  not  think 
that  nature  would  give  wings  to  a  bird  and  then  damn  the  bird 
'for  flying.     Here  is  one  that  does  not  think  that  nature  would 
give  brains  to  a:  man   and  then  damn   the  man   for  thinking 
'   that  Jesus   Christ  did   not   walk   on   top   of  the   water    or   for 
1  thinking  that  the  apex  of  about  two   feet  of  melted   mineral 
ore    right  :iir  between    two    well    defined    walls    with    granite 
boulder  rock  lying  on  all  sides  of  the  apex  of  the  Greenhorn 
mineral  claim  that  the  mineral  in  the  apex  has  been  melted 
about   the   same   time,  that   the   granite   boulder   rocks   were 
formed  and  that  was  over  a  million  years  ago. 

I  may. have,  a- clearer  vision  in  seeing  that  this  theory  can- 
not be  best  proven  by  creeds,  therefore  1  do  not  blame  you 
fcif  not  secir.g  that  this ;  theory  caniK.t  be-  proven  bv  creed 
through  the  power  of  belief.  Therefore  it  is  niy  duty  to  help 
others  to  see  that  Metzgar  has  perjured. himself  by  trying  to 
make  final  proof  in  the  absent  of  showing-  the  apex  on  the 
apex  of  the  high  mountain1  of  the  Greenhorn  Mineral  Claim, 
right  iti  the. eyes  of  so-called  Honorable  Commissioners  of  the 
4jenefal  Land  Office.  Washington,  1).  C. 

In  order  to  make  this  more  clearer  to  show  that  this  the- 


THE  TROUBLES  OF  A  PROSPECTOR  59 

ory  cannot  be  proven  through  the  power  of  beleiving  that  the 
apex  of  about  two  feet  of  melted  mineral  ore  right  in  be- 
tween two  well  defined  walls  does  not  exist  and  never  did  exT 
ist  in  the  last  million  years' on  the  Greenhorn  Mineral  Claim.. 

John  S.  Metzgar  does  not  argue  his  inventions  of  creeds 
that  he  intends  to  prove  the  theory  to  this  world  is  not  a 
million  years  old  from  a  logical  conclusion  of  the  principles 
of  rules  of  a  system  of  universal  law  of  evolution  and  revolu- 
tion. He  does  not  even  give  someone  else  the  right  to  form 
a  theory  of  their  own  whether  this  apex  of  about  two  feet  of 
mineral  ore  in  between  two  well  denned  walls,  exist  or  not, 
lint  we  must  all  believe  his  creed  that  it  docs  not  exist. 

This  very  same  kind  of  action  that  is  carried  on  in  this 
world  today,  is  precisely  the  cause  why  there,  is  so  many 
people  in  this  world  today  that  get  sick,  and  don't  know  wliyj 
their  feature  form  of  their  deceased  life  is  tortured  with  the 
extreme  inflamable  pain  of  punishment  that  comes  to  their, 
mental  minds  and  physical  bodies.  It  is  because  they  are 
continuously  affirming  their  belief  in  the  negative.  Or  in  other 
word's,  they  are  .spontaneously  dueling  with  the  knowledge. 
Instead  of  detaining  the  knowledge  through  an  investigation 
in  my  case,  and  in  all  other  cases  ;  which  would  affirm  the  state 
of  existence  in  everything  that  is  manifested  in  the  situation  of 
my  cases  and  all  other  cases,  just  as  they  really  are  manifested,, 
instead  of  affirming  their  belief  that  the  mineral,  lead 
of  ore  in  the  apex  did  riot  exist;  which  is  an  infernal  lie  that 
they  intend  to  prove  through  the  power  of  belief.  There  is  top. 
much  of  this  kind  of  action  going  on  in  all  ot  the  churches  i.n^ 
this  whole  world.  And  that  is  why  all  of  the  people,  in  this 
world  that  do  get  sick  are  punished  with  the  torments  of, 
sickness,  which'  brings  them  nothing  but  the  torments  of  an 
vxceedinly  unhappy,  miserable  feature  form  of  life-;, and  it  all, 
comes  from  the  direct  results  of  the  punishment  thai  comes, 
from  the  reaction  of  their  acts  in  violating  the  natural  laws-,, 


60  THE  TROUBLES  OF  A  PROSPECTOR 

and  by  not  detaining  the  knowledge  of  knowing  how  to  be  in 
harmony  with  the  laws  of  the  Universe  that  they  are  so  spon- 
taneously dueling  against  the  knowledge  and  then  they  won- 
der why  they  are  sick.  And  just  so  long  as  one's  one  self  will 
not  detain  the  knowledge  of  knowing  just  how  to  function  in 
everything  that  is  manifested  in  one's  ownself  feature  form  of 
life  just  so  long  they  will  never  get  well  so  that  they  will 
understand  the  real  enjoyment  of  what  it  means  to  live  the 
real  healthy  feature  form  of  life. 

The  enjoyment  of  real  health  lies  in  knowing  how  to  de- 
tain the  knowledge  that  will  enable  anyone's  self  to  function  in 
everything  that  is  manifested  first  of  all  in  one's  ownself  fea- 
ture form  of  life.    Anyone  that  can  do  this  without  depending 
on  other  to  do  it  for  you  will  detain  the  knowledge  that  will 
enable  you  to  affirm  the  state  of  the  existence  of  anything,  just 
as  they  are  manifesting  themselves  in  all  of  the  different  fea- 
ture forms  of  all  life  just  as  they  are  manifested  and  everything 
that  they  function  in.    Anyone  that  can  do  this  will  never  -et 
sick.     Why?    Because,  all  of  the  real  health  lies  in  the  intelli- 
gence of  knowing  how  to  take  care  of  one's  ownself.  first  of  all 
it  is  to  know  what  your  mental  mind  is  to  be  fed  with,  what 
you  sliould  desire  it  to  be  fed  with.     For  the  purpose  that  the 
mental  mind  will  become  endowed  with  the  perfect  qualities 
>f  a  personal  feature  form  of  faculties  that  lie  within  the  ord- 
inal powers  of  the  mental  mind  that  should  be  composed  of  a 
perfect   feature   form    of   intelligence   that  any   ones   ownself 
should   desire  to  be  endowed   with;   for  the 'purpose  of  any 
>neself  to  know  how  they  should  desire  to  take  care  of  their 
whole  desired  principle  life,  and  that  the  intelligence  of  anv- 
s  ownself  personal  mental  mind  should  know  at  all  times 
what  should  be  desired  to  be  fed  to  the  personal  appetites  of 
omach,  and  how  it  is  principally  digested  in  the  cavities 
nigh  the  digestive  organs,  from  the  throat  orifices  and  then 
down  through  the  orifices  of  the  stomach 


THE  TROUBLES  OF  A  PROSPECTOR  61 

And  with  the  proper  exercise  any  one's  self  can  enjoy  the 
best  of  health.  Physical  exercise  will  give  any  one's  self  phys- 
ical strength.  So  exercise  the  mental  faculties  of  the  mental 
mind  and  it  will  give  you  mental  strength  and  intelligence, 
otherwise  any  one's  self  will  not  have  the  intelligence  to  know 
how  to  function  in  everything  that  is  manifested  in  the  situa- 
tion of  one's  self  physical  body.  The  mental  mind  should  be 
composed  of  this  intelligence  in  order  to  keep  the  mental  mind 
in  a  healthy  state  of  condition.  For  the  purpose  that  the  men- 
tal forces  of  the  mind  may  at  all  times  have  the  power  to  func- 
tion over  everything  that  is  manifested  in  the  situation  in  all  of 
the  forces  that  is  composed  of  all  of  the  various  appetites ;  such 
as — the  habits,  passions  and  customs  that  are  manifested  in 
the  emotional  forces  that  is  in  the  physical  body  should  not  be 
allowed  to  have  dominion  over  the  body  or  they  will  over- 
power and  control  everything  that  is  manifested  in  the  state 
of  the  existing  forces  that  are  situated  in  the  mental  mind. 
Otherwise  the  forces  that  are  situated  in  the  physical  body  will 
rule  over  the  forces  that  are  situated  in  the  mental  mind. 
Why?  Because,  whichever  one  of  the  two  becomes  the  strong- 
est will  rule  over  the  weaker  one  of  the  two  and  then  the  direct 
result  of  the  proposition  of  the  two  will  be  that  the  one  that 
becomes  the  strongest  will  propagate  and  possess  the  weaker 
one  and  that  which  propagates  and  possesses  has  got  to  be 
fed.  and  that  which  does  not  propagate  and  possess  is  always 
fed  into  that  which  does  propagate  and  possess  until  the  whole 
unite  is  consumed.  It  is  a  law  of  nature  that  is  in  action  in  al! 
things  of  every  feature  form  of  life.  Slow  but  sure  brings 
everything  that  is  the  effect  of  all  causes  are  doomed  to  come 
to  a  means  to  an  end.  So  all  depends  upon  the  intelligence  of 
the  mental  forces  whether  the  menial  forces  are  to  rule  over 
the  emotional  forces  of  the  physical  body  or  whether  the  emo- 
tional fores  are  to  rule  over  the  forces  of  the  mind.  Of  course 
the  emotional  forces  will  continue  to  rule  as  long  as  people  are 


62  THE  TROUBLES  OF  A  PROSPECTOR 

spontaneously  dueling  with  the  thought  of  a  doubt^  and 
which  would  do  away  with  the  affirming-  of  the  .  telief 
that  it  is  to  be  so  and  that  settles  it  that  it  is  so.  A  beiiel  ir 
the  absence  of  a  thought  of  a  shadow  of  a  doubt  in  that  which 
they  have  no  knowledge  of.  or  in  oher  words  it  any  one 
affirming  their  belief  are  not  allowed  to  have  the  thought  of  a 
shadow  of  a  doubt  which  would  be  the  absence  of  affirming 
tfajJr  belief  of  that  which  they  have  no  knowledge  of.  And 
therefore  their  minds  become  a  blank  because  they  are  not 
allowed  to  have  the  shadow  of  a  doubt  in  affirming  their  belief 
that  the  mineral  lead  in  the  apex  does  not  exist.  And  just  as 
long  as  they  will  affirm  their  belief  with  the  absence  pi  a 
thought  of  a  doubt  that  it  does  not  exist.  Just  so  long  tiny 
will  never  discover  the  real  knowledge  that  it  does  exist. 
And  therefore  they  are  spontaneously  dueling  with  the  real 
knowledge  of  those  cases  of  mine.  For  knowledge  cannot  be 
detained  that  way,  just  by  believing  that  it  is  so,  without' any' 
investigation. 

Tn  order  for  anyone  to  obtain  intelligence  first  of  ail  5 
must  recognize  the  thought  of  a  doubt  which  aoes  away 
words  affirming  your  beliefs. 

Ihat  word  believe  does  not  exist  in  the  higher  specit 
the  wild  animals.  It  only  exists  in  the  lower  feature  forms  oi 
the  fakers  and  grafters.  The  word  never  was  invented  until 
it  became  very  useful  to  the  human  fakers  and  grafters  that 
came  into  the  world  for  the  purpose  of  catching  suckers  that 
would  venture  to  affirm  their  beliefs  without  the  thought  of  a 
doubt  to  bite  at  their  confidence  game.  It  is  ihal  little  word 
believe  that  has  made  the  state  of  existence  of  ail  the  ignor- 
ance that  exists  in  this  world  today,  it  has  all  come  through' 
this  little  word  believe.,  that  intelligence  never  did,  and  never 
will  have  any  use  for,  and  wherever  there  it.  a  speck  of  mtelli 
gnce  the  word  believe  docs  not  exist  and  anyone  iliat  ha> 
intelligence  can  talk  from  morning  until  night  "without  using; 


THE  TROUBLES  OF  A  PROSPECTOR  63 

.that  word  believe. 

All  intelligence  consists  of  three  points:  First,  is  Recog- 
nition. Second  is  Realization.  And  third  is  to  Retain  the 
Knowledge. 

First  is  to  recognize  the  thought  of  doubt,  and  which  is 
tne  absence  of  affirming  the  belief  of  that  which  anyone  has 
no  knowledge  of.  Second  is  to  realize  that  there  is  a  cause 
back  of  that  doubt  that  is  governed  by  a  natural  law  that  is 
bound  to  have  its  effect  in  forcing  anyone  to  seek,  search,  and 
investigate  that  which  anyone  has  no  knowledge  of.  Third  is 
to  retain  the  knowledge,  and  which  is  the  absence  of  a  shadow 
•of  affirming  the  belief  of  that  which  any  one  has  a  knowledge 
•of.  It  is  only  through  investigation  that  anyone  is  enabled  to 
obtain  the  knowledge-  Then,  and  then  only,  can  they  affirm 
the  state  of  existence  of  anything  just  as  they  are  existing 
•without  a  shadow  of  affirming  anyone  belief. 

If  the  Commissioners  had  investigated  the  positive  side 

of  my   cases   they  would   have   retained   the   knowledge   tiiai 

'  would  have  enabled  them  to  affirm  the  state  of  existence  of 

'  anything  that  is  manifested  in  the  situation  of  my  cases  just 

'as  they  are  manifested  in  my  cases.    Instead  of  trying  to  prove 

their  dirty  lie  through  the  power  of  affirming  their  belief  that 

the  mineral  lead  in  the  apex  does  not  exist  on  the  Greenhorn 

claim. 

This  is  precisely  what  caused  me  all  of  this  trouble  and  it 
may  be  that  I  will  never  get  paid  for  it  unless  they  make  it 
good  for  all  of  the  time,  labor  and  money,  that  did  cause  me  to 
put  in  writing  this  book.  Otherwise.  1  never  would  have 
written  this  book.  That  is,  if  the  commissioners  had  retained 
the  knowledge,  that  they  were  «?o  spontaneously  fighting  from 
start  to  finish. 

In  order  to  maintain  a  clearer  vision  of  this  theory  1  will 
draw  some  lines  riaiit  here  of  the  width  of  the  mneral  ore  that 


64  THE  TROUBLES  OF  A  PROSPECTOR 

is  in  between  two  Avell  defined  walls  on  the  Greenhorn  Min- 
eral Claim  called  the  apex,  running  jn  an  easterly  and  westerly 
direction. 


North 


West 


Now,  1,  J.  1.  Melich  have  made  a 
guess  that  the  width  of  this  space  of 
mineral  ore  between  these  two  well  de- 
fined walls  of  this  diagram  demonstrat- 
ing the  apex  of  the  Green  Horn  Min- 
eral claim  is  about  2  feet  wide. 


East 


South 

But  I  do  not  boldly  and  openly  declare  my  guess  to  be 
the  truth  and  I  do  not  want  anyone  else  to  beleive  it  to  be 
the  truth.  I  am  showing  this  above  diagram  for  the  purpose 
to  preserve  the  right  that  I  give  to  everyone  else  to  use  their 
own  mind,  use  their  judgement  in  forming  ideas  and  opinions 
or  theorys  of  their  own  as  to  how  wide  the  lead  of  mineral  ore 
is  in  between  these  two  well  defined  walls  of  the  apex.  This 
becomes  a  theory.  Instead  of  trying  to  prove  this  theory  by 
the  power  of  believing  into  Metzgar's  creed  that  he  so  boldly 
and  openly  declares  to  be  the  truth  and  wants  everyone  else  to 
beleive  it  to  be  th  truth  that  the  apex  does  not  exist  and  never 
did  exist  for  the  last  million  years. 

Has  John  S.  Metzgar  ever  at  any  time  give  his  witnesses 
the  right  to  form  ideas  and  opinions  of  their  own  as  to  how 
wide  the  lead  of  ore  is  in  between  these  two  well  defined  walls 
on  the  apex  of  the  Greenhorn  Mineral  Claim?  No,  no.  He 
told  them  that  the  apex  did  not  exist  on  the  Greenhorn  Min- 
eral Claim  and  they  must  beleive  it  to  be  the  truth  and  of 
course  just  as  long  as  they  all  believe  it,  they  will  never  be 
possessed  of  the  knowledge  of  knowing  that  the  apex  docs 
exist  on  the  Greenhorn  Mineral  Claim.  I  will  not  be  like  Join? 
5.  Metzgar.  I  have  given  my  witnesses  the  right  to  shape 


THE  TROUBLES  OF  A  PROSPECTOR  65 

or  form  ideas,  opinions  or  theories  of  their  own  as  to  how  wide 
the  lead  of  mineral  ore  is  in  between  those  well  defined  walls 
of  the  apex.  Mr.  Ley  White  makes  a  guess  that  the  lead  is 
about  two  feet,  four  inches  Avide.  Mr.  Thomas  Root  makes  a 
guess  that  the  lead  of  ore  is  about  two  feet  five  inches  wide. 
1,  J.  T.  Melich  make  a  guess  that  the  lead  of  ore  in  the  apex  is 
about  two  feet  wide. 

\Ye  all  disagree  as  to  the  width  of  the  lead  of  mineral  ore 
that  is  in  between  these  two  well  defined  walls  of  the  apex  of 
the  Greenhorn  claim  in  question.  Why,  because  this  is  the 
only  way  you  can  get  three  or  more  sides  to  anv  one  question 
and  this  is  precisely  how  so  many  different  denominations  of 
creeds  has  sprung  up  by  not  agreeing  on  the  creeds  in  the 
Bible.  Each  one  taking  a  different  guess  on  the  guess  work 
of  the  Bible  and  then  each  one  boldly  declaring  their  guess  to 
be  the  truth  and  wish  everyone  else  to  believe  the  invention  of 
their  creeds  to  be  the  truth  without  having  a  rule  or  system 
of  univrsal  laws  to  prove  their  creeds  to  be  the  truth.  This 
is  precisely  why  we  have  so  many  different  denominations  of 
creeds  in  this  world  today. 

By  me  disagreeing  with  my  witnesses  as  to  the  width  of 
the  extent  distance  of  space  of  ore  between  the  two  walls  of 
the  apex,  by  disagreeing  with  one  another  on  our  guesses  of 
thories  as  to  the  width  of  the  above  space  between  the  two 
walls  that  we  have  formed  our  theory  on.  there  are  causes 
that  are  governed  by  natural  laws,  that  are  bound  to  have  their 
effect  in  forcing  us  to  argue  on  this  point  that  will  lead  to  a 
discussion  of  a  debate  that  will  show  us  reasons  as  to  which 
one  has  the  best  opinion  of  their  guesses  that  this  theory  was 
formed  by  making  a  guess  as  to  how  wide  the  lead  of  ore  is 
in  between  the  two  walls  of  the  apex.  By  arguing  on,  this 
theory  is  the  cause  that  will  have  its  effect  in  broadening1  and 

O 

deepening  our  intellectual  capacity  of  more  mental  power  of 
skill  and  knowledge  of  understanding  that  we  can  not  all  be 


66  THE  TROUBLES  OF  A  PROSPECTOR 

right  in  our  guess  as  to  the  width  of  mineral  ore  that  is  in  be- 
tween the  two  well  defined  walls  of  the  apex  of  the  Greenhorn 
mineral  claim.  Therefore,  we  all  three  of  us  doubt  one  another 
as  to  which  one  of  the  three  of  us  is  right  in  their  guess  as  to 
\vidth  of  the  lead  of  mineral  ore.  By  doubting  one  another  on 
this  theory  there  is  a  cause  back  of  this  doubt  that  is  governed 
by  a  universal  law  that  is  bound  to  have  its  effect  in  forcing 
us  all  to  seek,  search  and  investigate  by  making  a  careful  ex- 
amination as  to  the  width  of  the  lead  of  mineral  ore  that  is 
in  between  the  two  walls  of  the  apex.  After  we  have  made 
the  examination  we  all  have  arrived  at  the  conclusion  that  the 
only  way  for  us  all  to  come  to  one  agreement  and  ail  of  us 
three  to  be  of  the  one  opinion  that  width  of  the  lead  of  mineral 
ore  between  the  two  walls  is  just  exactly  as  wide  as  it  is,  and 
there  is  no  two  sides  about  this  question,  in  order  to  prove 
this  fact  we  are  all  of  the  one  opinion  that  we  should  get  a 
rule  and  measure  the  width  of  the  lead  of  mineral  ore  from 
wall  to  wall  at  a  certain  point  along  the  lines  of  the  walls. 
After  measuring  it  we  all  come  to  the  one  agreement  and  all 
are  of  the  one  opinion  that  the  width  of  the  lead  of  mineral 
ore  from  these  two  certain  points  along  the  line  from  wall  to 
wall  is  just  exactly  two  feet  and  eight  inches  wide.  But  the 
width  of  the  lead  of  mineral  ore  varies  in  the  distance  of  ev- 
ery different  point  along  the  line  running  in  easterly  and  west- 
erly direction  and  also  varies  at  every  distance  of  a  different 
point  of  the  angels  of  depth. 

Everyone  that  is  possessed  of  the  knowledge  of  knowing 
how  to  go  by  this  rule  will  agree  with  us  that  the  width 
of  the  lead  of  mineral  ore  in  the  apex  of  the  Greenhorn  claim 
at  everypoint  between  the  two  walls  is  exactly  as  wide  as  the 
rule  tells  us.  We  all  become  of  the  one  agreement  on  that 
and  we  all  become  of  the  one  opinion  on  this  question.  This 
is  proof  enough  that  there  is  no  two  sides  about  this  question. 

There  is  no  two  sides  about  any  question.     Everything 


THE  TROUBLES  OF  A  PROSPECTOR  67 

in  this  universe  is  just  exactly  what  it  is.  Light  is  light. 
Darkness  is  darkness.  The  musicians  are  all  of  the  one  opin- 
ion as  to  which  is  the  high  note  and  as  to  which  is  the  low 
note.  The  mechanics  are  all  of  the  one  opinion  only  as  far 
as  they  are  possessed  of  skillful  knowledge  on  the  square.  The 
little  children  in  school  are  all  of  the  one  opinion  that  ten  times 
ten  makes  100.  The  mechanics  are  the  best  and  well  learned 
men  of  this  world.  Why?  Because  they  become  in  contact 
with  more  orderly  rules,  regulations  of  a  system  of  universal 
laws  than  any  other  class  of  people.  Consequently  they  have 
obtained  more  real  knowledge  of  this  world.  Without  orderly 
rules  and  regulations  of  a  system  of  natural  laws  to  prove 
this  and  that  by,  we  cannot  prove  anything  and  there  is  no 
real  knowledge  of  understanding  without  them.  Without  them 
we  all  do  not  come  to  one  agreement  on  any  one  question. 
Without  them  we  will  never  all  come  to  be  of  the  one  opinion 
on  any  one  question. 

These  orderly  rules  and  regulations  of  a  system  of  natur- 
al laws  that  punish  all  who  violate  them  and  reward  all  who 
obey  them  has  so  far  been  discovered  and  established  by  some 
of  the  greatest  men  the  world  has  ever  seen.  Thy  are  the 
best  we  have  got  to  go  by.  Sure  we  ought  to  go  by  the  best 
we  have  got,  as  long  as  we  haven't  got  something  better  to 
go  by. 

I  know  that  we  have  laws  in  natures  library  that  are  as 
thin  as  tissue  paper  piled  and  heaped  up  mountains  high 
and  the  one  above  is  always  a  better  and  a  higher  one  than  the 
one  below,  but  as  long  as  they  are  not  yet  discovered  and  es- 
tablished it  is  a  thousand  times  better  to  go  by  \vhat  we  have 
already  established  and  agreed  to  go  by  until  we  discover  a 
newer  and  better  one,  and  then  it  is  -time  enough  to  disagree 
on  any  one's  opinions  until  the  law  is  established.  It  is  the 
only  thing  that  we  have  got  to  prove  this  and  that  by  rules 
and  natural  laws. 


68  THE  TROUBLES  OF  A  PROSPECTOR 

Sure  it  would  be  lots  better  to  prove  the  theory  by  an  or- 
derly rule  and  regulations  of  universal  laws  that  this  earth  is 
over  56  million  years  old,  then  it  would  be  to  prove  by  the 
creed  in  the  Bible  through  the  power  of  belief  that  an  unstrat- 
ified  dead  granite  boulder  rock  which  is  nothing  more  than 
melted  sand  similar  to  glass  is  not  a  million  years  old,  and  we 
must  all  believe  it  instead  of  disagreeing  on  theories  only 
when  we  have  not  yet  discovered  the  rules  by  which  it  can 
be  proven,  it  remains  to  be  a  theory  and  not  a  creed  to  be  be- 
lieved in  without  rules  for  an  endless  perpetual  everlasting- 
eternity. 

APPEAL 

It  does  not  appear  that  Melich  has  had  any  experience  in 
mining  other  than  a  prospector  for  a  few  years  and  his  evi- 
dence as  to  the  character  of  the  land  in  controversy  should  be 
given  little  weight. 

'This  above  guess  is  one  of  Metzgar's  creeds. 

He  intends  to  prove  to  be  so  truthful  through  the  power 
of  belief. 

Let  me  tell  you  right  here  something  about  this  creed. 
Did  you  ever  consider  at  any  time  that  there  is  some  men  that 
can  learn  more  in  one  years'  experience  in  mining  by  adopting 
orderly  rules  and  regulations  of  natural  laws  to  learn  from, 
than  John  S.  Metzgar  could  learn  in  a  thousand  years  by  guess 
work  that  he  so  boldly  declares  to  be  the  truth  and  we  must 
all  believe  it  to  be  so.  That  is  exactly  how  creeds  are  invented. 

What  if  I  did  only  have  seven  or  eight  years  of  experi- 
ence in  mining  other  than  as  a  prospector.  1,  J.  T.  Melich 
will  challenge  the  whole  bunch  of  five  in  a  debate  on  mineral- 
ology,  Mr.  Metzgar  and  his  two  witnesses,  together  with  I  la! 
J.  Cole  and  Lawyer  Walling.  This  is  the  lawyer  Hal  J.  Cole 
advised  me  to  hire.  As  a  matter  of  fact,  we  wil!  assume  that 


THE  TROUBLES  OF  A  PROSPECTOR  69 

I  did  not  have  any  experience  in  mining  or  prospecting-,  would 
that  change  the  formation  of  the  Greenhorn  Mineral  Claim 
from  mineral  to  non-mineral?  The  character  of  the  mineral 
on  the  Greenhorn  mineral  claim  is  just  exactly  what  it  is,  in 
character  of  mineral,  and  no  creed  inventor  is  going  to  change 
the  formation  of  the  land  very  easy,  through  the  power  of 
belief  from  mineral  to  non-mineral  on  the  Greenhorn  Mineral 
Claim. 

Taken  from  the  appeal — He  offers  in  evidence  two  as- 
says, protestant  exhibits  "f"  and  "G",  one  of  which  shows  a 
value  of  $4.65  per  ton  and  one  of  $2.90  per  ton,  but  there  is 
no  competent  testimony  to  show  that  there  is  any  vein  or 
ledge  of  ore  or  that  ore  carrying  the  above  values  could  be 
rained  and  worked  at  a  profit. 

There  is  no  better  place  than  right  here  and  no  better 
time  than  right  now  and  among  other  things,  for  me  to  givt- 
a  full  detail  acocunt  of  the  above  grumbling  arguments  and 
scraps  of  dogma.  The  mines  that  have  the  lowest  grade  of 
ore  today  are  the  most  valuable  mines  in  this  world  today. 
The  snowstorm  mine,  when  it  was  a  prospect,  shares  sold  at 
from  2  cents  a  share  to  ten  cents  a  share,  after  the  ore  was 
put  on  the  market,  the  valuation  of  shares  went  up  as  high  as 
$3.35  a  share  and  they  were  shipping  the  lowest  grade  ore 
than  any  other  mine  in  the  whole  Couer  d'Alene  mineral  dis- 
trict, state  of  Idaho.  There  is  the  Treadville  mine  in  Alaska, 
Treadville,  Allaska.  All  the  valuious  they  have  got  at  the 
Treadville  mine  i?  $1.00  ore  and  it  is  considered  one  of  the 
most  valuable  mines  in  the  world  today  and  it  had  been  known 
to  run  at  75  cent  ore.  Everyone  knows  that  the  light  power 
and  labor  expense  in  running  the  mine  in  Alaska  is  higher 
than  any  other  mine  elsewhere.  I  would  sooner  have  a  thous 
and  million  tons  of  ore  at  the  value  of  one  dollar  in  my  mine 
than  I  would  only  to  have  a  hundred  tons  of  ore  at  the  value 
of  one  hundred  dollars  a  ton  in  my  mine.  It  is  the  quanities 


70  THE  TROUBLEvS  OF  A  PROSPECTOR 

in  a  large  bulk  of  low  values  of  ore  and  not  the  high  values 
of  high-grade  ore  of  no  quanities  or  of  no  bulk  that  makes  the 
most  valuable  mines  today. 

I  wanted  to  testify  at  the  hearing  of  the  protest  about  one 
of  the  prospectors  out  of  the  three  that  located  the  Comstock 
mine  at  Comstock,  State  of  Nevada,  but  Hal  J.  Cole  overruled 
it  and  would  not  let  me  tell  that  the  Comstock  mine  was  a 
worthless  mine  at  the  time  it  was  aprospect  and  how  it  be- 
came one  of  the  most  valuable  mines  in  the  world  right  in  a 
short  time  afterwards,  but  Hal  J.  Cole  did  not  allow  me  to 
tell  it.    I  could  see  right  away  at  a  glance  that  I  was  compelled 
to  speak  to  sooth  or  else  I  would  not  be  allowed  to  secure  a 
hearing  in  the  case  at  all.     Air.  Cole  called  me  to  order  by 
saying  that  1  was  not  speaking  on  the  question.     I  asked  what 
the  question  was  and  Attorney  Upton  answered  by  saying  the 
question  is  "What  is  it  that  makes  a  mine  worthless  or  valu- 
able".   In  order  to  secure  a  hearing  in  the  case  1  did  not  hard- 
ly know  how  to  speak  that  would  sooth  Mr.  Cole.     1  said  that 
there  are  great  numbers  of  scientific  mechanic  men  that  are 
studing  the   science  of  the  process  and   methods  of  treating 
ore  at  a  less  cost  leaving  their  old  forms  of  ideas  in  the  process 
and  methods  of  treating  ore  for  newer  and  better  ones  in  the 
process  and  methods  of  treating  ore  at  a  less  cost,  and  time  vet 
will  bring  such  a  change  in  the  near  future  in  the  process  and 
methods  of  treating  ore  at  a  less  cost  that  almost  any  kind  of 
one  dollar  ore  can  be  worked  at  a  big  profit,  unless  the  hear- 
ing of  the  protest  has  since  been  reframed,  I  am  not  allowed  to 
have  a  copy. 

In  the  year  1908  there  was  an  old  prospector  passed  the 
years  of  80,  stopped  at  my  place  in  Montana.  I  did  not  learn 
his  name.  As  a  rule  all  prospectors  are  acquainted  without 
knowing  one  an  others  names,  he  told  me  that  he  had  pros- 
pected all  his  life.  I  asked  him  did  you  ever  make  anything 


THE  TROUBLES  OF  A  PROSPECTOR  71 

at  prospecting.  He  said  no  and  then  began  to  laugh  to  show 
ing  ridicule.  He  said  I  am  one  of  the  three  prospectors  that 
located  the  Comstock  Mine  in  the  state  of  Nevada.  \Yhv  \ 
said  that  was  a  rich  mine  was  it  not?  He  said  yes  the  ore 
went  ninety  dollars  a  ton  and  began  to  laugh  again.  I  said 
"how  is  it  that  you  did  not  make  anything?"  He  said  "we  ship- 
ped a  carload  of  ore  and  the  whole  carload  went  ninety  dol- 
lars a  ton"  and  then  began  to  laugh  with  joy  after  he  got 
through  laughing,  he  said  "after  we  got  our  returns  from  the 
carload  of  ore,  we  owed  the  railroad  company  thirty  dollars 
freight  rates"  and  then  began  to  laugh  again  and  said  that  it 
cost  him  more  than  ninety  dollars  a  ton  to  ship  and  treat  the 
ore.  He  said  he  did  not  have  ten  dollars  left  to  pay  his  part 
of  the  freight  rates  and  then  got  discouraged  and  dissatish-  ' 
with  the  proposition  of  getting  the  ore  on  the  market  and  told 
his  partners  if  they  could  make  up  fifty  dollars  he  would  sign 
his  one-third  interest  to  them  and  they  paid  him  the  fifty  dol- 
lars and  he  left  them. 

He  said  shortly  after  he  had  sold  his  one-third  interest 
to  his  partners,  the  railroad  built  a  road  right  to  the  mine  and 
the  mine  became  one  of  the  most  valuable  mines  in  the  world. 
Is  this  not  proof  enough  that  a  prospector  with  a  large  quan- 
tity of  a  bulk  of  ore  that  may  be  worthless  today,  right  in  the 
near  future  may  become  one  of  the  most  valuable  mines  in  the 
world. 

This  is  what  Hal  J.  Cole  overruled  and  did  not  allow  me 
to  give  in  as  evidence.  When  it  was  right  on  the  point  of  the 
question  that  Attorney  Upton  put  to  me.  Some  day  I  will 
have  this  piece  above  published  to  see  if  there  is  anyone  in 
this  whole  world  that  will  contradict  the  above  assertion.  If 
so  I  would  like  to  hear  from  him. 

John  S.  Metzgars  testimony  in  his  above  appeal,  testify- 
ing that  there  is  no  vein  of  mineral  ore  that  measures  two 
feet  and  eight  inches  wide  right  in  between  two  well  defined 


72  THE  TROUBLES  OF  A  PROSPECTOR 

walls  known  as  shaft  No.  4  or  apex  on  the  apex  of  the  high 
mountain  of  the  Greenhorn  Mineral  Claim,  and  we  must  all 
believe  that  it  does  not  exist  and  never  did  exist  for  the  last 
million  years  for  he  boldly  and  openly  declares  it  to  be  the 
truth  and  it  must  be  made  a  settled  fact  through  the  power  of 
belief  that  No.  4  shaft  known  as  the  apex  does  not  exist  on 
the  Greenhorn  Claim. 

This  is  perjury  by  his,  for  swearing  wilfully  in  making  a 
false  oath  when  his  evidence  was  administered  by  lawful  au- 
thority at  the  hearing  of  the  protest  and  right  in  the  eyes  of 
so-called  Honorable  professionable  gentlemen  of  the  General 
Land  Office  of  Washington,  D.  C.  His  witness,  Mr.  Hans 
Fleckl  testified  at  the  hearing  of  the  final  proof  that  there  was 
four  prospect  holes  on  the  Greenhorn  Mineral  Claim  and  also 
that  there  was  two  well  defined  walls  with  about  two  feet  of 
ore  in  between  the  two  walls,  a  little  bit  south  of  the  apex  of 
the  high  mountain  of  the  Greenhorn  Claim. 

Mr.  James  Regan  testified  to  the  same  thing,  unless  the 
hearing  of  the  final  proof  has  since  been  reframed.  At  the 
hearing  of  the  protest,  my  witnesses,  Mr.  Ley  White  and  Mr. 
Thomas  Root,  testified  that  there  wrere  four  prospect  holes  and 
defined  or  described  them  as  follows  from  the  place  of  be- 
ginning open  cut  and  tunnel  being  the  discovery  stake  No.  1, 
thence  about  250  feet  in  an  easterly  direction  to  main  tunnel 
No.  2 ;  thence  about  1000  feet  in  an  easterly  direction  to  the 
tunnel  No.  3;  thence  about  150  feet  in  an  easterly  direction  to 
shaft  No.  4,  known  as  the  apex.  There  has  been  four  samples 
of  ore  taken  from  No.  2 — three  samples  of  ore  from  Xo.  3 — 
three  samples  of  ore  from  the  lead  of  ore  right  in  between  two 
well  defined  wals  that  measures  two  feet  8  inches  wide,  known 
as  shaft  No.  4  of  the  apex  of  the  high  mountain  of  Greenhorn 
Mineral  Claim.  These  ten  samples  of  mineral  ore  were  intro- 
duced as  evidence  at  the  hearing  of  the  protest,  June  6th,  1°12 
unless  the  hearing  of  the  protest  has  since  been  reframed. 


THE  TROUBLES  OF  A  PROSPECTOR  73 

While  I  was  in  Spokane,  Wash.,  in  the  month  of  June, 
1912  and  when  I  came  back  in  July  and  started  to  work  again 
in  the  main  tunnel  and  not  paying  any  attention  to  anything 
else  but  my  work,  until  it  occured  one  fine  splendid  day  in 
September  1912,  Olaf  Olsen  came  to  visit  me  and  asked  me 
to  take  him'  up  on  the  mountain,  he  said  he  heard  that  the 
views  of  the  far  off  scenery  were  intensely  interesting  from 
the  high  peaks  of  the  mountain.  When  we  got  up  there  I 
showed  him  the  vein  of  over  two  feet  of  mineral  ore  between 
two  wel  Idefinccl  wals  known  as  shaft  Xo.  4  or  apex.  I  draw- 
ed  his  attention  right  away  that  someone  had  drilled  a  hole 
L\vo  feet  north  of  the  north  wall  and  had  put  in  a  load  of  dy- 
namite and  discharged  the  load,  filling  the  shaft  hole  No.  4 
of  the  apex  with  wall  rock.  This  was  done  because  the  north 
wall  stood  right  up  in  the  air.  This  was  done  because  the 
walls  showed  up  too  plain  right  in  open  sight  of  anyone  pass- 
ing at  distance  could  see  the  staff  of  the  walls  to  plain.  This 
was  done  when  I  was  away,  unless  it  was  done  some  night. 

Ley  White  has  also  noticed  that  about  two  feet  of  the 
north  wall  of  shaft  Xo.  4  of  the  apex  was  blowed  out  into 
the  shaft,  filling  it  with  wall  rock. 

I  have  been  seeking,  searching  and  investigating  the 
character  of  the  land  on  the  N.  l/2  of  the  X.  W.  *4  of  the  X. 
W.  %  of  Sec.  32,  X.  E.  %  of  the  X.  E.  y4  of  Sec.  31,  Township 
38  X.  Range  37  E.  W.  M.  ever  since  July  1908  as  to  the  char- 
acter of  the  land  being  mineral  in  character.  All  the  while  ] 
was  working,  going  through  the  torture  of  thirst  and  the 
pangs  of  hunger  and  after  finding  mineral  on  the  above  land 
and  just  because  the  values  on  the  surface  do  not  value  over 
$4.65  a  ton,  is  that  any  reason  \vhy  John  S.  Metzgar  and  his 
lawyer,  Walling,  the  lawyer  that  Hal  J.  Cole  advised  me  to 
hire  should  curse  the  finder  of  mineral  with  grumbling  argu- 
ments and  scraps  of  dogma? 


74  THE  TROUBLES  OF  A  PROSPECTOR 

(Taken  from  the  Appeal.) 

Protestant  called  as  one  of  his  witnesses,  Ley  \Yhite. 
who  identified  some  samples  of  alleged  ore  taken  from  the 
property,  but  the  samples  were  not  introduced  in  evidence. 
He  says  he  has  had  experience  in  mining  but  not  much  in 
examining  mineral,  and  could  not  say  whether  the  sam- 
ples contained  mineral. 

Question  by  Attorney  Upton  :     Is  the  land  on  the  Greenhorn 
Claim  the  character  of  mineral? 

Answer  by  Ley  White:     Yes  it  is  the  character  of  mineral. 

Question  :    Are  you  a  miner? 

Answer:     Yes  sir  I  am. 

Question:  Did  you  examine  the  Greenhorn  Claim? 

Answer:  Yes  sir  1  did.  Here  is  a  sample  of  ore  thai  was  in 
place  that  I  had  taken  from  the  main  tunnel  Xo.  2,  which 
is  situated  about  250  feet  in  an  easterly  direction  from 
tunnel  No.  1  known  as  the  discovery  stake.  Here  is  an- 
other sample  of  mineral  ore  that  was  in  pace  \vht-n  I  had 
taken  from  tunnel  No.  3,  situated  about  1000  feet  in  an 
easterly  direction  from  the  main  tunnel  No.  2.  Merc  K 
another  sample  of  mineral  ore  that  was  in  place  v.  inn  I 
had  taken  it  from  the  shaft  No.  4,  known  as  the  apex, 
which  has  a  lead  of  mineral  ore  of  about  2  feet  wide,  sit- 
uated about  150  feet  in  an  easterly  direction  from  tunm-l 
No.  3  and  all  of  those  workings  are  on  the  Greenhorn 
Mineral  Claim. 

Question  by  Attorney  Walling:  Can  you  tell  us  the  vahu- 
of  mineral  that  these  samples  of  mineral  ores  contains? 

Answer  by  Ley  White:  No.  I  cannot.  No  one  can  tell  the 
values  of  mineral  in  those  samples  of  ore  without  mak- 
ing an  assay  of  them.  I  know  that  they  are  th?  chanirtcr 
of  mineral. 


THE  TROUBLES  OF  A  PROSPECTOR  75 

Question  by  Attorney  Upton :  State  how  much  land  can  be 
plowed  out  of  all  of  the  land  that  Melich  has  got  staked 
out  into  his  Greenhorn  mining  claim. 

.Answer  by  Ley  White:  I  should  judge  about  four  or  five 
acres  is  about  all  that  could  be  plowed  of  the  land  that 
Metzgar  claims  that  Melich  has  got  staked  out  into  his 
Greenhorn  Mineral  Claim. 

Tli is  above  testimony  in  the  appeal  is  a  falsehood  of  a 
creed.  That  John  S.  Metzgar  intends  to  prove  through  the 
power  of  belief  by  boldly  declaring  that  my  witness,  Mr.  Ley 
\\  hite.  did  not  introduce  no  samples  of  mineral  ore  as  evi- 
dence at  the  hearing  at  the  protest, 

(Taken  from  the  Appeal.) 

Another  witness,  Thomas  Roots,  testified  that  he  was 
a  homesteader,  that  he  had  in  his  pocket  two  samples  of 
mineral  that  came  from  the  mining  claims,  but  the  sam- 
ples were  not  introduced  in  evidence. 

He  says  on  cross-examination  that  he  never  worked 
in  a  mine  and  never  owned  any  mining  property,  hence 
his  testimony  cannot  be  received  as  of  value  whatever. 

There  is  nothing  that  indicates  habits  better  han  to  have 
a  clear  understanding  of  every  word  of  the  above  false  testi- 
mony made  up  or  invented  by  Metzgar's  lawyer,  Walling,  and 
with  the  help  or  aid  of  Hal  J.  Cole,  Register  and  Receiver  of 
1 1.  S.  Land  Office  of  Spokane,  Wash.,  stating  that  my  witness, 
Mr.  Thomas  Roots,  only  had  in  his  pocket  two  samples  of 
mineral  ore,  when  it  was  three  samples  of  mineral  ore  that  Mr. 
Thomas  Roots  had  in  his  pocket.  That  he  had  introduced  in 
evidence  at  the  hearing  at  the  protest.  Often  the  whole  beau- 
i)f  a  sentence  or  a  story  is  lost  on  account  of  the  misunder- 
standing of  one  single  word. 


76  THE  TROUBLES  OF  A  PROSPECTOR 

Of  the  false  testimony  that  is  given  in  the  appeal,  stating 
that  my  witness,  .Mr,  Thomas  Roots,  did  not  introduce  no 
samples  of  mineral  ore  at  the  hearing-  of  the  protest,  one  sam- 
ple of  mineral  ore  that  was  in  place  when  taken  out  of  main 
tunnel  Xo.  2;  one  sample  of  mineral  ore  that  was  in  place 
when  taken  from  tunnel  No.  3  and  one  sample  that  was  in 
place  when  taken  out  from  shaft  Xo.  4,  known  as  the  apex  of 
the  Greenhorn  Mineral  Claim. 

These  above  three  samples  of  mineral  ore  was  introduced 
in  evidence,  at  the  hearing  of  the  protest  by  my  witness,  Mr. 
Thomas  Roots.  Mr.  Hal  J.  Cole  and  his  lawyer,  Mr.  Walling, 
that  he  had  advised  me  to  hire.,  stating-  that  my  witness,  Mr. 
Thomas  Roots  did  not  introduce  the  above  samples  of  mineral 
ore  above  mentioned  at  the  hearing  of  the  protest,  only  gives 
evidence  that  the  whole  entire  proceedings  of  the  hearing  of 
the  protest  has  since  been  refrained,  right  in  the  eyes  of  the 
so-called  Honorable  Commissioners  of  the  General  U.  S.  Land 
Omce  of  Washington.  D.  (,\ 

Question  by  Attorney  Upton  :  State  how  much  land  Mci/-ar 
claims  that  Melich  has  got  staked  out  on  his  nripi.ng 
claims. 

Answer  by  Thomas  Roots:    I  should  judge  about  25  acres. 
Question  by  Upton:     How  much  land  of  the  25  acres  can  be 
plowed  ? 

Answer  by  Thomas  Roots :  I  should  judge  about  4  or  5  acres 
is  about  all  that  could  be  plowed  out  of  the  25  acres  that 
Metzgar  claims  that  Melich  has  got  staked  out  in  his 
Greenhorn  Mining  Mineral  Claims. 

Question  by  Upton:  State  the  character  of  the  land  on  the 
Greenhorn  Mineral  Claim.  Is  it  the  character  of  mineral 
or  not? 


THE  TROUBLES  OF  A  PROSPECTOR 

Answer  by  Thomas  Roots :  Well  anyone  can  see  that  it  i^ 
heavily  weighted  with  mineral,  therefore  I  should  judge 
that  the  land  on  the  Greenhorn  Mineral  Claim  is  mineral 
in  character. 

puestion  by  Upton:  Did  you  examine  any  of  the  working  on 
the  Greenhorn  mineral  claim? 

Answer  by  Roots:  -I  examined  the  working  on  the  Greenhorn 
claim  and  to  the  best  of  my  knowledge  there  is  about 
$150.00  worth  of  work  done  on  the  tunnel  Xo.  1,  which  is 
the  location  stake.  Thence  about  250  feet  in  an  easterly 
direction  from  tunnel  No.  1  to  tunnel  Xo.  2,  known  as  the 
main  tunnel,  there  is  about  one  hundred  dollars  worth  of 
work  done  on  the  open  cut  and  about  30  feet  of  tunnel 
work  done  running  in  a  northerly  direction  to  end  tun- 
nel Xo.  2  and  thence  about  a  little  over  1000  feet  in  an 
easterly  direction  to  tunnel  Xro.  3,  there  is,  I  should  judge, 
about  one  hundred  dollars  worth  of  work  done  and  thence 
about  150  feet  in  an  easterly  direction  to  shaft  No.  4, 
there  is  not  much  work  done,  known  as  the  apex.  There 
is  a  lead  of  mineral  1  should  judge,  that  would  measure 
over  two  feet  wide  right  in  between  two  well  defined 
walls. 

Question  by  Upton :    What  part  of  Metzgars  land  is  this  apex 

»on  that  has  a  lead  of  mineral  ore  that  measures  over  two 
feet  wide  in  between  two  well  defined  walls. 

Answer  by   Thomas   Roots:     It  is  very  close  to   the   X.  W. 
corner  of  the  N.  W.  l/4  of  Section  32. 

Question  by  Upton :     Is   there   another  prospect   hole  about 
300  feet  in  a  northerly  direction  from  main  tunnel  No.  2? 

Answer  by  Thomas  Roots:    Yes,  there  is  the  location  work  of 
the  Greenhorn  Xo.  2  mineral  claim. 


THE  TROUBLES  OF  A  PROSPECTOR 

Question  by  Upton  :  Is  this  location  work  on  the  Greenhorn 
No.  2  claim  on  Metzgar's  land? 

Answer  by  Roots  :  I  cannot  teH.  It  looks  as  though  it  is  very 
close  on  Metzgar  land  on  the  X.  AY.  corner  of  the  X.  E.  j4 
of  the  X.  E.  y4  of  Section  31. 

Question  by  Upton  :  Did  you  bring  any  samples  of  mineral 
ore  with  you  from  any  of  the  working  on  the  Greenhorn 
Claim. 

Answer  by  Thomas  Root :  Yes,  1  have  got  three  samples  of 
mineral  ore  in  my  pocket.  Here  is  one  sample  of  mineral 
ore  that  was  in  place  when  I  took  it  out  of  the  main  tun- 
nel, Xo.  2.  Here  is  another  sample  of  mineral  ore  that 
was  in  place  when  I  took  it  out  of  tunnel  Xo.  3  and  here 
is  another  sample  of  mineral  ore  that  was  in  place  when 
I  took  it  from  the  lead  of  ore  that  is  in  the  shaft  Xo.  4, 
known  as  the  apex,  all  of  these  workings  are  on  the  Green- 
horn mineral  claim. 

Question   by   Upton:      Do  you   know   the   mineral    values   of 

these  three  samples  of  mineral  ore? 
Answer  by  Roots:     Xo,  I  do  not.     1  know  that  thev  are  ilu- 

character  of  mineral. 

Mr.  Hal  J.  Cole  cannot  deny  this  above  testimony  of  Mr. 
Roots  that  he  so  boldly  declares  and  making  it  known  by  il- 
legal words  that  are  stated  in  the  appeal,  that  the  records  d«  • 
not  show  that  my  witness,  Mr.  Thomas  Roots,  had  intro- 
duced samples  of  mineral  ore  as  evidence  at  the  hearing  of  the 
protest. 

I  received  a  letter  from  the  Department  of  the  interior, 
T.  S.  Land  Office,  Washington.  I).  ('.,  dated  January  10th. 
1913,  stating  that  the  samples  of  ore  shown  by  your  witnesses, 
at  the  hearing  are  not  with  the  records,  the  local  officers  will 
be  asked  to  forward  same,  if  in  their  office. 


THE  TROUBLES  OF  A  PROSPECTOR  79 

But  the  records  of  the  hearing1  does  not  show  that  anv  of 
them  were  formally  introduced  in  evidence.  However,  you 
may  obtain  a  photographic  copy  from  this  office  upon  pay- 
ment of  $5.80  for  the  reframed  copy  of  the  hearing  of  the  pro- 
test. That  I  had  paid  for  once  before,  right  at  the  hearing. 

(Taken  from  the  appeal,  page  5) 

The  Homestead  entryman  John  S.  Metzgar  testified  that 
he  has  resided  on  his  homestead  for  eight  years,  which  estab- 
lished the  fact  that  he  has  been  a  resident  on  the  land  for  over 
four  years  before  Melich  made  his  alleged  mineral  location. 

When  we  summon  up  all  of  th  e  above  testimony  mention- 
e<J  in  the  appeal  we  can  only  arrive  at  the  conclusion  that 
tltere  never  was  a  case  on  record  before,  that  would  show 
such  alleged  resident  that  John  S.  Metzgar  had  established 
on  this  land  of  his  or  yours.  The  barn  that  he  has  got,  the 
surrounding  neighbors  put  up  all  the  logs  in  it  on  Sunday 
without  a  ny  pay  and  he  is  a  Sunday  School  teacher,  mind  you. 
At  the  hearing  at  the  final  proof  proceeding  with  a  solemn 
appeal  to  God  he  sw^ears  th  at  he  had  $3000.00  worth  of  im- 
provements on  his  land.  He  also  swore  that  he  had  put  one 
acre  under  cultivation  on  the  N.  E.  l/\  of  the  N.  E.  }/2  of  Sec. 
31.  when  it  was  Thomas  Roots  that  was  the  one  who  put  this 
one  acre  under  cultivation  and  never  got  paid  for  it. 

While  Metzgar  was  siting  in  the  witness  chair,  his  two 
witnesses  broke  into  the  land  office.  Mr.  James  Regan  and 
Hans  Fleckl  and  commissioner  Kirk  handed  them  both  a  doc- 
ument to  read,  without  ever  taking  the  witness  chair.  Mr. 
Regan  and  Fleckl  signed  the  document  that  they  had  read 
and  that  was  all  there  was  to  the  hearing  of  the  final  proof  on 
September  6th,  1911.  Whoever  heard  of  such  a  final  proof 
proceeding  before  in  all  the  cases  that  are  on  record  in  the 
U.  S.  Land  Office  of  Washington,  D.  r. 

This  was  all  done  in  the  eyes  of  the  so-called  Honorably 


80  TliE  TROUBLES  OF  A  PROSPECTOR 

Commissioner  of  the  U.  S.  Land  Office  of  Washington,  D.  C. 
i  dp  not  make  the  following-  statements  that  I  have  stated 
below  from  a  vision  of  an  illusion  but  from  a  logical  stand- 
point, as  to  how  Mr.  Metzgar  has  established  his  alleged  House 
or  Resident  on  this  land  of  his,  which  is  stated  in  the  princi- 
ple given  here  below  and  signed  by  James  Alexander  who  is 
a  joining  neighbor  of  Metzgar. 

About  eleven  years  ago  a  man  by  the  name  of  Doyle  tiled 
on  a  homestead,  1,  James  Alexander,  hewed  out  a  set 
of  house  logs,  put  up  some  on  land  S.  \Y.  }/4  of  the  N. 
W.  y4  of  Section  32,  Township  38  N.  Range  37.  I,  James  Al- 
exander, held  claim  on  the  house  logs  for  a  small  bill  Doyle 
owed  me.  A  man  by  the  name  of  Metzgar  contested  the  same 
land  and  moved  the  logs  on  another  forty  and  without  a  com- 
pensation, and  put  up  the  house  he  lives  in  today.  He  fell 
heir  or  by  self  appropriation  has  a  house. 

(Signed)  JAMKS  ALEXAXDKK. 

* 

it  is  not  true  that  these  above  testimonials  are  a  few  ..f 
Metzgar's  methods  of  getting  a  hold  <>f  everything  that  he  hu.> 
got,  if  there  is  any  way  of  getting  away  from  paying.  He  is 
now  speculating  to  get  full  control  of  the  In-  shoot  of  of* 
that  is  under  the  mountain,  that  the  lead  of  ore  that  measures 
over  two  feet  wide  in  the  shaft  No.  4  has  sprung  from  and 
knew  all  about  the  lead  of  ore  long  before  I  did.  Any  reason- 
able minded  person  would  know  without  a  doubt  that  he  would 
i><  >l  give  all  the  false  testimony  that  is  stated  in  the  appeal  for 
these  four  acres  of  tillable  land  that  he  so  solemnly  made  an 
appeal  to  God  by  swearing  that  was  all  he  could  plow  out  of 
every  25  acres  that  I  had  staked  out  on  my  mining  chum 
VA  hen  the  rest  of  the  land  shows  that  it  is  all  mountain,  of 
lone,  timber,  marble  and  minerals.  Everytime  1  &o  to  town 
*  walking,  ]  see  John  S.  Metx-ar  talking  to  some  otK  uml  in 


THE  TROUBLES  OF  A  PROSPECTOR  81 

my  t  ravels  all  around  in  and  out  about  the  town,  his  dope 
about  their  big  shoot  of  ore  at  last  has  made  me  wise. 

Me  says  this  fight  is  not  in  vain,  1  have  a  whole  shoot  of 
ore  to  gain.  I  must  prepare  too  final  fight.  To  conquer  and 
take  the  whole  sweet  cake  of  ore.  To  fight  it  right,  1  will  use 
power.  For  might  is  right. 

(Taken  from  the  appeal.) 

Metzgar  shows  that  he  has  had  much  experience  in  min- 
ing, and  relating  to  his  experience  as  a  miner  his  knowledge 
of  the  alleged  mining  claims  of  protestant,  which  he  swears 
he  had  examined,  and  the  character  of  the  rock  taken  from 
there  as  compared  with  the  ore  of  the  Napoleon  mine,  he 
testified  page  22  and  23  of  the  record  as  follows- 

Sure  it  is  without  doubt  that  no  one  in  this  whole,  world 
denies  that  Metzgar  has  had  much  experience  in  mining  and  re- 
lating thereto  he  has  worked  in  mines  ever  since  the  time  they 
had  the  strikers  in  the  Bullpen  in  the  Bunker  Hill  and  Sul- 
livan Mine  Couer  D'AHene  Mining  district,  most  all  of  the  min- 
ers know  that  he  has  worked  in  different  mines  ever  since.  He 
has  made  his  living  by  mining  and  not  by  farming,  ever  since 
he  has  been  on  this  mountain  homestead,  he  or  no  one  else 
could  make  a  living  by  trying  to  farm  this  land  in  half  acre  and 
one  acre  patches.  I  tried  it  for  two  seasons  and  I  discovered  that 
hyscllingmylabortosomeone  that  wanted  to  buy  me  as  a  wage 
slave,  I  could  by  five  times  as  much  garden  truck  with  the 
money  I  got  by  selling  my  labor  power  than  what  garden 
truck  I  could  produce  at  the  same  time  for  my  own  use,  even 
if  1  do  pack  it  on  my  back  on  this  high  mountain  before  I  am 
ever  able  to  do  my  development  work.  I  would  have  been 
better  off  if  T  had  never  had  experienced  the  farming  of  a  gard- 
en spot  of  a  half  acre  here  and  there.  But  we  learn  by  ex- 
perience, so  I  gave  it  up  as  a  failure  before  I  would  go  bank- 
rupt entirely,  if  I  keep  on  raising  my  own  garden  truck  in 
these  little  patches.  It  pays  me  better  to  buy  them  than  it 
does  to  raise  them  and  that  is  why  Metzgar  is  compelled  to 
sell  his  labor  power  as  a  wage  slave  to  the  higest  bidder  in 
order  to  avoid  starvation  which  would  be  a  sure  thing  to  hap- 
pen if  he  ever  tried  to  make  his  living  by  working  this  land 
which  he  swears  that  he  had  examined  and  knows  all  about. 


THE  TROUBLES  OF  A  PROSPECTOR 

The  law  of  self-preservation  taught  him  the  first  law  of 
nature  that  commanded  him  to  take  care  of  himself  under  all 
kinds  of  conditions  even  though  it  takes  a  lead  pipe  to  take 
care  of  yourself  you  should  use  it.  It  is  right  that  the  world 
should  get  the  direct  results  of  punishment  of  a  bad  pipe  that 
comes  from  the  re-action  of  their  acts  in  shaping  and  forming- 
such  conditions  so  as  no  one  can  live  only  by  using  a  lead  pipe 
or  by  robbing  and  being  robbed.  And  that  is  why  that  John 
S.  Metzgar  sells  his  labor  power  as  a  wage  slave  miner  in  or- 
der to  avoid  starvation  by  trying  to  farm  this  four  acres  of 
land  that  he  has  testified  to  at  the  hearing  of  the  protest  which 
is  all  of  the  land  he  said  that  could  be  framed  out  of  every  25 
acres  on  the  Greenhorn  Mineral  Claim,  right  in  the  eyes  of  so- 
called  Honorable  Commissioners  of  the  General  Land  Office, 
Washington,  D.  C.,  unless  the  hearing  of  the  protest  has  since 
been  reframed. 

Sure  John  S.  Metzgar  certainly  knows  the  character  of 
the  land,  every  inch  of  it,  on  the  Greenhorn  Claim.  This  evi- 
dence is  certainly  an  unfailing  firm  established  fact  that  is  not 
liable  to  stumble,  slip  or  fall  without  a  doubt.  That  is  not  con- 
tradicted by  no  living  being  in  this  whole  wide  world.  He 
swears  that  he  has  examined  the  vein  of  melted  mineral  ore 
that  measures  two  feet  and  eight  inches  at  a  certain  point 
right  in  between  two  well  defined  walls,  does  not  exist,  de-- 
scribed at  the  hearing  of  the  protest  by  Lev  White  as  being- 
shaft  No.  4,  known  as  the  apex  of  the  Greenhorn  Claim. 

If  Metzgar  did  not  know  every  inch  of  the  character  <>i 
land  on  the  Greenhorn  Claim  years  ago.  how  did  he  know 
that  this  vein  of  melted  mineral  ore  that  measures  over  two 
feet  eight  inches  at  certain  points  right  between  two  well  de- 
fined walls  described  as  shaft  Xo.  4,  known  as  the  apex  of  the 
Greenhorn  Mineral  Claim.  How  did  lie  know  that  this  above 
lead  of  ore  was  staked  out  once  before  years  ago  and  abandon- 
ed if  he  never  examined  the  land,  if  he  did  not  know  every  inch 
of  the  land  years  ago.  In  the  month  of  June  1908,  why  did 
he  tell  my  partner,  John  Desjordin,  that  he  would  show"  him 
a  better  lead  of  ore  than  what  shows  up  on  the  location  work 
of  the  Greenhorn  No.  2  mineral  claim  about  300  feet  in  a  north 
crly  direction  from  main  tunnel  No.  2  of  the  Greenhorn  Claim 
for  a  fifty  pound  box  of  dynamite?  My  partner  asked  him  if  it 


THE  TROUBLES  OF  A  PROSPECTOR  83 

was  on  this  mountain  and  he  said  yes.  Mr.  Desjordin  told 
him  if  there  was  anything  on  this  mountain  he  would  find  it 
and  so  he  did  find  it  in  the  next  two  days.  Now,  if  he  did 
not  know  that  this  vein  oi  ore  in  the  shaft  No.  4,  or  the  apex 
did  not  exist  years  ago,  where  is  that  better  lead  of  ore  or, 
this  mountain  that  he  wanted  to  show  my  partner,  J.  Desjordin, 
lor  a  box  of  dynamite:  Where  is  it  if  he  did  not  know  the 
character  of  every  inch  of  the  land  on  the  Greenhorn  claim 
years  ago?  It  was  sometime  in  the  first  part  of  the  month 
of  November.  1911.  when  Air.  Metzgar  came  up  to  my  cabin 
with  a  rifle  and  asked  me  to  go  out  deer  hunting  with  him,  and 
1  told  him  that  I  was  to  busy  working  in  my  mine.  He 
then  asked  me  if  I  would  take  him  around  to  show  him  the 
different  workings  on  the  Greenhorn  Claim,  just  as  if  he  did 
not  know  every  inch  of  the  character  of  the  land.  The  main 
tunnel  is  right  on  the  road  and  runs  under  the  road.  Anyone 
coming  up  to  my  cabin  on  this  road  cannot  help  from  seeing 
it  and  by  looking  about  250  feet  in  an  westerly  direction,  one 
cannot  help  from  seeing  the  location  work  No.  1  and  by  look- 
ing about  300  feet  in  a  northerly  direction  from  main  tunnel 
No.  2,  they  can  not  help  from  seeing  the  location  work  of  the 
Greenhorn  claim  No.  2,  and  the  road  running  to  my  cabin  runs 
right  by  it  within  about  60  feet  and  he  wants  somebody  to 
show  him  these  works  while  he  has  a  gun  with  him. 

Although  it  may  be  said  that  energy  is  nothing  and  noth- 
ing is  something,  I  would  not  expend  my  energy  in  carying 
that  cannon  of  a  gun  up  and  down  on  these  high  mountains 
short  of  three  dollars  a  day  and  he  was  doing  it  without  pay. 
After  taking  him  up  1000  feet  in  an  easterly  direction  from  the 
main  tunnel  to  tunnel  No.  3  he  said  that  he  had  never  seen 
that  before.  Then  taking  him  150  feet  in  an  easterly  direction 
to  shaft  No.  4,  known  as  the  apex,  he  said  right  away  to  me, 
"what  was  it  that  melted  that  mineral  ore  in  between  these 
two  lime  walls  without  melting  the  walls?"  I  said  that  they 
are  not  lime  walls,  they  are  lime  marble  walls.  Tust  then  I 
began  to  take  a  few  steps  to  one  side  and  picked  up  a  granite 
boulder  rock  and  told  him  that  I  thought  that  that  ore  was 
melted  about  the  same  time  that  this  granite  boulder  rock  was 
formed  2nd  that  was  over  a.  million  years  ago.  Then  I  began 
to  tell  him  that  iron  melted  at  about  3000  degrees  of  heat 


<S4  THE  TROUBLES  OF  A  PROSPECTOR 

iarhenheit,  \vhich  is  over  1000  degrees  of  heat  less  than  what 
the  ii:ne  marble  walls  would  melt  at,  consequently  it  was  not. 
hot  enough  to  melt  the  walls.  Gold  weighing  12i2  pounds  to 
the  cubic  foot,  which  is  almost  three  times  as  heavy  as  iron, 
and  all  other  valuable  metals  such  as  lead,  silver,  zinc,  mer- 
cury, copper,  cobalt  and  nickel;  bismuth,  anitomy,  cadmiun. 
tin.  All  these  metals  weighing  heavier  than  iron  and 
melting  at  a  less  degree  of  heat  would  naturally  sink  or  iin- 
merge  through  any  iron  melted  fluid  to  their  natural  bases. 
Platinum  weighing  1218  pounds  to  the  cubic  foot  and  melting- 
point  being  at  over  4000  degree  of  heat  farhenheit  and  Tungs- 
ten being  another  oneo  f  the  heavy  metals  and  which  has  -i 
very  high  degree  of  melting  point,  melting  at  557(>  degrees  oi 
htat. 

These  last  two  metals  above  stated  would  naturally  sink 
through  any  melted  iron  fluid  in  their  frozen  state  until  they 
got  to  a  foundation  to  rest  on.  After  telling  him  all  this,  he 
never  even  thanked  me  for  what  1  had  told  him.  All  though 
T  know  that  no  one  can  live  on  thanks,  he  never  even  as  much 
as  uttered  a  word  to  me  in  setting  me  right  or  wrong  in  UK 
above  statement  that  I  made  to  him. 

When  we  were  on  our  way  coming  back,  down  the  mount- 
ain, he  asked  me  or  rather  said  to  me,  "is  that  mineral  ore  in 
the  main  tunnel  the  same  or  like  the  mineral  ore  that  is  in 
the  apex?  '  I  said  no  it  is  not.  It  is  the  product  of  its  condi- 
tion and  that  conditions  vaires  in  space  and  that  it  would  not 
be  no  more  alike  than  like  you  could  find  two  trees  just  the 
same  that  are  the  product  of  their  conditions,  wherever  con- 
dition varies  in  space. 

About  a  half  a  mile  in  a  northerly  driection  from  the  main 
tunnel  there  is  two  little  swampy  lakes.  They  are  about  500 
feet  higher  than  the  main  tunnel.  Itold  Mr.  Metzgar  that  the 
water  in  those  two  lakes  had  something  to  do  with  the  mak- 
ing of  this  mineral.  Water  dissolves  copper.  Anyone  that 
has  given  a  little  of  their  time  in  the  study  of  the  laws  of  evo- 
lution which  is  natures  slow  process  that  has  been  going  on 
for  over  28  million  years.  In  the  action  of  water  precipitating 
the  minerals  out  of  decomposed  earthen  substance  into  the  ele- 
ments of  a  solution  of  chlorides  mineral  forms  and  the  pre- 
cipitating the  carbon  and  other  elements  of  mir.rnil  substances 


THE  TROUBLES  OF  A  PROSPECTOR  85 

•  jut  of  previous  vegitations.  Any  kind  of  water  that  goes 
through  this  slow  process  of  natures  laws  has  the  power  to 
carrv  on  the  process  in  the  creation  of  making'  water  a  com- 
position of  mineral  water. 

This  nature  of  water  becomes  the  character  of  a  compound 
of  ingredients  of  different  substances  of  mineral  elements  that 
arc  in  their  chloride  forms  and  wherever  there  is  an  opening 
of  space  in  the  form  of  a  chamber,  dike,  stratified  veins  or 
beds,  fissure  veins,  pockets,  crevices  and  cavities  in  rocks  that 
lias  an  atraction  in  attracting  the  minerals  from  the  water,  all 
waters  that  have  become  composition  of  minerals  will  deposit 
Lhe  minerals  in  an)'  opening  of  space  of  a  chamber,  dike,  str-uti- 
iird  veins,  or  beds,  fissure  veins,  pockets,  crevices,  cavities  in 
rocks  and  so  on  until  everything  is  filled  up  and  there  is  no 
more  room  for  the  natural  gases  to  escape  which  causes  a 
quaking  trembling  or  a  concussion  of  the  earth,  which  is  the 
cause  of  an  earthquake.  And  other  poisonous  gasses  that  be- 
come combustible  that  catches  on  fire  and  becomes  inflamable 
that  readily  burns  a  mountain  terrific  explosion  sending  out 
clouds  of  vapor  gasses  throwing  out  hot  fragments  or  rocks. 
T'ii;>  i?  the  cause  of  the  volcanic  eruptions  that  bring  the  min- 
eral ores  up  closer  to  the  surface  opening  and  makes  more 
space  or  room  for  the  water  to  make  new  deposits  of  its  min- 
eral. 

I  told  Mr.  Metzgar  at  his  house  about  Mr.  Benjamin 
Franklin,  when  a  little  boy,  a  barrel  of  meat  came  to  their 
home.  Benjamin,  who  was  then  but  a  little  boy,  went  to  his 
father  and  earnestly  insisted  that  he  should  go  out  and  bles> 
the  barrel  of  pork.  His  father  said  wrhat  for-1  The  boy  said 
by  so  doing  they  could  save  all  that  time  that  is  so  foolishly 
wasted  in  giving  blessing  at  every  meal  in  proportion  to  what 
is  set  on  the  table.  I  know  he  did  not  like  the  idea  of  me 
expressing  myself  in  such  a  manner  right  before  his  wife  and 
children.  He  showed  his  dislike  by  getting  up  from  his  chair 
and  going  into  the  other  room. 

If  Metzgar  would  save  this  time  instead  of  giving  bless- 
ing at  every  meal  and  put  it  into  study  of  the  laws  of  evo- 
lution which  is  the  process  that  is  going  on  in  the  actions  of  all 
of  natures  beauty,  in  everything  and  all  things,  the  living,  the 
J)i rath ing\  the  actions  and  re-actions  of  natural  laws  governing 


86  THE  TROUBLES  OF  A  PROSPECTOR 

tin-  processes  which  is  ;the  laws  of  evolution  and  one  whole 
complete  end  of  the  process  is  the  change  that  is  governed  l>v 
I  lie  l'<w  s  of  revolution. 

\\  hen  we  consider  all  of  the  valuable  time  that  Aletz-ur 
lias  wasted  in  giving  blessing-  at  every  meal  during-  the  last 
14  yeirs,  all  the  while  he  was  working-  in  mines  as  a  mmer  aml 
..earned  ah  about  mineral  ore,  as  he  has  testified,  had  he  <pent 
this  valuable  time  in  the  study  of  the  stone  age  he  would 
Jiave  arrived  at  the  conclusion  that  the  stone  age  is  over  half 
as  old  as  that  of  the  earth,  that  has  been  estimated  by  scien- 
tists to  be  over  06  million  years  old.  Metzgar  has  no"  knowl- 
edge of  this.  He  is  a  Christian  and  can  prove  it  by  the  bible 
that  this  world  is  not  that  old.  He  is  a  creed  believer  and  a 
creed  irventor.  A  Sunday  School  teacher  in  a  little  church  at 
A'ipolo.n,  Stevens  Co.,  \Ysha. 

That  is  where  he  teaches  those  little  children  those  in- 
ternal lies  that  is  in  the  Bible  that  this  world  is  not  yet  seven 
thousand  years  old  and  they  must  believe  it  for  the  Bible  says 
you  must  or  perish. 

A  general  estimate  is  based  today  on  the  average  a-e  of 
nfe  01  the  Christian  race.  It  is  estimated  from  28  to  30  years 
and  ^cording  to  the  amount  of  sickness  and  diseases  that  the 
Uinstian  race  has  brought  into  this  world  that  has  melted 
?erms  into  a  fluid  of  a  flood,  from  which  there  flows  a 
thousand  streams  of  vice,  -rime,  prostitution  that  which  it  has 
broadened  and  deepened  until  it  has  constituted  cause,  thai 
are  governed  by  universal  laws  that  arc  bound  to  have  their 
effect  in  the  direct  results  of  the  punishment  which  wii  only 
es.roy  them  in  the  end.  This  is  nothing  more  than  the  direct 
results  that  come  from  the  re-action  of  their  acts  bv  denying 
and  violating  the  universal  laws  and  the  law  of  self-preserva- 
tion which  is  the  first  law  of  nature.  There  will  come  a  timr 
when  these  ministers,  these  priests  and  these  creed  inventors 
will I  be  hung  up  by  their  thumbs  and  tongues  which  will  only 
be  the  direct  result  of  the  punishment  that  is  bound  to  come 
trom  he  re-act;on  of  their  acts  in  teaching  those  little  child- 
i  those  infernal,  wlcked,  detestable,  hellish,  falsehood  of 

rn        1      i  P>lble.that  the-v  -so  violently  declare  to  be  the  truth 
>m  tl-ie  beginning  to  the  end  of  the  Bible 

The  laws  of  evolution  will  yet  in  the  future  bring  such  a 


THE  TROUBLES  OF  A  PROSPECTOR 

change  that  the  people  will  throw  off  the  chains  of  shackles 
that  bind  them  and  come  out  of  the  mist  that  blind  them  and 
once  more  be  true  to  thyself  Jirst  of  all. 

As  Patrick  Henry  has  said,  "Is  life  so  dear  or  peace  so 
sweet  as  to  be  purchased  at  the  price  of  chains  and  slavery 
forbid  it.  I  know  not  what  course  others  may  take,  but  as 
for  me,  give  me  liberty  or  give  me  death." 

By  the  inventions  of  the  Bible  creeds  and  by  the  inven- 
tions of  other  creeds.  In  Metzgar's  appeal  to  the  Commission- 
er that  he  so  fearlessly  and  openly  declares  to  be  the  truth  and 
we  all  must  believe  it.  to  be  the  truth,  for  he  is  going  to  prove 
it  to  be  so  through  the  power  of  belief.  Without  rules  and 
regulations  to-  prove  this  and  that  by,  we  can  not  prove  any- 
thing. 'We  can  not  prove  anything  through  the  power  of  be- 
lief. 

John   S.   Metzgar  testified   from   pages  22  and  23  of  the 
records,  as  follows. 
Question :     Do  you  know  a  ledge  or  vein  of  ore  when  you 

see  it? 
Answer :     I  do. 

No  one  in  this  wide  world  today  would  deny  that  testi- 
nv.Miy. 
Question  :     Is  there  anything  in  the  shape  of  a  vein  or  ledge 

or  deposit  of  mineral  in  this  tunnel,  that  you  could  find? 
Answer:     There  is  not.     South  easterly  corner  stake  of  the 

Greenhorn  mineral  claim  stands  about  350  feet  south  and 

about  300  feet  east  from  the  N.  W.  corner  of  Sec.  32. 
Question:     Are  there  any  deposits  of  mineral  on  any  of  the 

working  or  prospects  holes  on  this  ground  of  yours? 
Attorney  for  protestant  objects,  the  witness  has  not  shown 

himself  competent. 
Question  by  Attorney  Upton  said  more  than  this.     He  said 

that  it  was  not  Metzgar  or  you  and  your  witness  to  be 

determined  in  taking  samples  of  ore  from  the  Greenhorn 

Mineral   Claim   that  would  show  the  character  of  being 

mineralized,  was  it? 

There  were  ten  samples  of  ore  laying  on  the  table  that  was 
introduced  by  Melich  and  his  witnesses,  4  samples  taken  from 
Main  tunnel  No.  2 — 3  samples  taken  from  tunnel  No.  3  and  3 
samples  taken  from  shaft  No.  4,  known  as  the  apex.  Those- 


THE  TROUBLES  OF  A  PROSPECTOR 

ten  samples  of  ore  was  all  introduced  as  evidence  and  were  all 
laying  on  the  table. 

Answer  by  Metzgar.  Those  samples  of  ore  laying  on  the  table 
there  introduced  as  evidence  by  Melich  and  iiis  witnesses 
are  nothing  more  than  country  rock.  This  is  perjury  in 
the  act  of  willfully  making  the  false  oath  administered 
by  lawful  authority  right  in  the  eyes  of  so-called  Honor- 
able Commisioners  of  the  General  Land  Office,  Washing- 
ton. D.  C. 

If  the  whole  country  is  the  formation  of  this  kind  of  rock 
that  is  laying  on  the  table  at  the  hearing  of  the  protest,  10 
samples  introduced  as  evidence  by  Melich  and  his  witness  it 
is  no  wonder  that  the  Kettle  River  Mineral  District  was  blot- 
ted out  and  formed  into  a  mineral  district  for  the  purpose  of 
mining. 

(Juestion  by  Attorney  X.  D.  Walling  continued.  Are  there 
any  deposits  of  mineral  on  any  of  the  working  or  prospect 
holes  on  this  ground  of  yours? 

Answer  by  Metzgar:  There  is  not,  according  to  my  defini- 
tion of  mineral. 

This  is  a  creed  that  he  intends  to  prove  through  the  pow- 
er of  belief  that  the  tunnel  Xo.  3  and  the  shaft  Xo.  4,  known 
as  the  apex,  is  not  on  the  ground  of  his  homestead.  Why 
would  it  not  be  more  honorable  for  Mr.  Metzgar  u>  come 
right  out  with  the  truth  and  say  that  the  above  tunnel  and 
shaft  does  exist  on  the  Greenhorn  claim,  but  arc  not  on  tin's 
land  of  mine,  instead  of  trying  to  twirl  his  twisting  ceremon- 
ious creeds  around  so  as  to  make  it  appear  right  in  the  eyes 
01  so-called  Honorable  Commisioners  of  the  General  Land  Of- 
fice of  Washington.  D.  C.  Which  one  of  the  three  tunnels  <T 
shafts  does  he  mean  that  he  has  testified  to  could  not  find  a 
vein  or  ledge  or  deposit  of  mineral  ore  thatis  the  character  of 
mineral  in  this  tunnel? 

This  testimony  is  a  creed  that  lie  is  gniiio-  to  prove  through 
the  power  of  belief  that  the  character  of  mincrnl  on  the  Green- 
horn Claim  is  non-minneral  without  rules  and  regulations  to 
show  whether  he  means  tunnel  Xo.  1,  known  as  I)i^c<  verv  or 
tunnel  Xo.  2,  known  as  main  tunnel  or  tunnel  Xo.3,  known 
as  being  1000  feet  in  an  easterly  direction  from  main  tunnel  or 
shaft  Xo.  4,  known  as  the  apex.  All  those  workings  are  in  an 


THE  TROUBLES  OF  A  PROSPECTOR 

easterly  direction  from  Discovery  Stake  and  are  all  on  the 
Greenhorn  Mineral  Claim. 

This  testimony  is  so  arranged  that  it  can  be  switched  from 
tunnel  Xo.  3  to  some  one  of  the  other  tunnels  until  no  one 
knows  what  tunnel  he  is  giving  his  testimony  on.  Has  Metz- 
gar ever  yet  given  his  testimony  as  to  the  character  of  mineral 
in  the  shaft  No.  4,  known  as  the  apex  of  the  Greenhorn  Min- 
eral Claim?  Oh,  no,  that  must  be  kept  dark  and  should  not 
be  disclosed  or  communicated  to  others,  just  as  though  the 
apex  does  not  exist. 

Thomas  Roots  has  testified  at  the  hearing  at  the  protest 
that  Shaft  Xo.  4,  known  as  the  apex  is  very  close  to  the  N.  Wi 
corner  X.  W.  y4  of  Sec.  32,  Township  38  N.  Range  37 
K.  \V.  M.  But  tunnel  Xo.  3  which  is  150  feet  in  a  westerly 
direction  from  the  apex  is  closer  to  the  X.  W.  corner  than  the 
above  shaft  mentioned. 

Dandled  dwindled  does  exist  and  twiddle  twisted  does 
not  exist  wriglled  all  around  so  on  the  Greenhorn  Claim  un- 
til no  one  knows  where  the  wrigllers  are  on  this  land  of  yours. 

The  Greenhorn  Mineral  Claim  is  staked  out  1500  feet  in 
length  and  about  600  feet  in  width. 

Discovery  stake  stands  about  400  feet  south  of  the 
X.  W.  corner  of  the  X.  E.  y4  of  the  X.  E.  ^  Section  31, 
shaft  Xo.  4,  known  as  the  apex,  which  stands  about  1400  feet 
in  a  easterly  direction  from  discovery  stake  or  about  80  or 
100  feet  over  the  east  end  line  of  Section  31  into  Section  32, 
Township  38  N.  Range  37  E.  W.  M. 

Xow  the  law  allows  me  only  about  20  acres  of  land  on  this 
above  claim  mentioned.  John  S.  Metzgar  testified  at  the  hear- 
ing of  the  protest  that  I,  J.  T.  Melich,  has  about  25  acres  of 
ground  staked  out  into  the  Greenhorn  Mineral  Claim.  This 
is  5  acres  more  than  the  law  allows  me  to  have  on  the  Green- 
horn Mineral  Claim.  This  claim  runs  180  feet  over  the  east 
end  line  of  Sec.  31  into  Section  32  as  above  mentioned,  that 
takes  in  a  strip  of  ground  180  feet  running  in  an  easterly  and 
westerly  direction  and  600  feet  running  in  a  Xortherly  and 
Southerly  direction  on  Sec.  32.  This  is  the  strip  of  ground 
that  the  shaft  Xo.  4,  known  as  the  apex  stands  on. 

John  S.  Metzgar  also  testified  at  the  hearing  of  the  protest 
that  T,  J.  T.  Melich  has  about  2l/2  acres  of  ground  staked  out 


90  THE  TROUBLES  OF  A  PROSPECTOR 

on  his  homestead  into  my  Greenhorn  Mineral  Claim  of  Section 
32,  Township  38  N.  Range  37  E.  W.  M.  This  is  the  little  strip 
of  ground  above  mentioned  that  Shaft  No.  4  is  on.  Again  in 
the  contract  that  he  has  made  out  to  me  giving  me  all  of  the 
mineral  that  is  in  under  ground  that  I  had  staked  out  into 
mineral  claims,  there  is  a  statement  that  he  made  in  the  con- 
tract stating  that  I  had  about  25  acres  of  his  land  staked  out 
comprising  the  Greenhorn  and  Greenhorn  No.  2  Mineral 
Claims.  According  to  this  statement  there  must  be  about  5 
acres  on  his  ground  that  the  Greenhorn  claim  No.  2  takes  in. 

The  Grenhorn  claim  No.  2  runs  about  1500  feet  in  an  east- 
erly direction  and  westerly  direction  and  about  600  feet  in  a 
northerly  and  southerly  direction  and  joins  the  Greenhorn 
claim  about  250  feet  north  of  tunnel  No.  3  and  north  of  shaft 
Xo.  4,  known  as  the  apex  of  the  Greenhorn  claim. 

These  two  working  are  about  150  feet  running  in  an  east- 
erly and  westerly  direction  apart  from  one  another  and  perhaps 
they  are  both  on  this  little  strip  of  land  2y2  acres  that  Metzgar 
has  testified  to  that  is  on  his  ground.  Now  he  is  trying  to  twid- 
dle and  wiggle  this  lead  of  ore  that  measures  over  two  feet  wide, 
running  in  an  easterly  and  westerly  direction  clean  across  his 
whole  homestead  from  the  west  end  to  the  east  end  off  of  the 
Greenhorn  claim  or  off  of  all  of  his  land  or  off  of  this  ground 
of  yours  until  no  one  knows  what  ground  it  is  on.  No  one 
knows  what  end  of  the  twiddle  or  wiggle  to  believe  in. 

It  reminds  me  of  two  young  laides  or  gentlemen  who 
started  to  go  to  a  Country  Church  together  on  a  Sunday  to 
hear  a  minister  of  the  gospel  speak  a  sermon.  Coming  to  the 
church  yard  gate  they  were  confronted  by  a  dog.  'Hie  dog- 
began  to  bark  and  growl  at  them  and  they  were  afraid  to  ven- 
ture in  until  very  soon  one  of  the  young  ladies  said  to  the 
other  young  lady,  look  he  is  wagging  his  tail,  he  won't  bite- 
come  on,  lets  go  in.  The  other  lady  said  yes,  I  know  he  is 
if  I  was  sure  that  that  dandle  diddle  twiddley  would  come  at 
me  with  the  wiggling  end,  I  would  go  in.  But  I  do  not  know 
which  end  to  think  in.  Very  soon  the  other  young  lady 
said,  well,  I  think  there  is  no  use  for  us  to  go  in  that  church 
to  hear  that  preacher  speak  that  sermon.  The  other  voung 
lady  said  why?  She  said  he  might  wiggle  the  end  of  his  ser- 
mon around  some  until  we  would  not  know  what  end  of  his 


THE  TROUBLES  OF  A  PROSPECTOR  91 

sermon  to  think  in  either. 

Oucstion  by  Attorney  Walling:     State  what  experience  you 

have  had  in  prospecting  or  working  about  mines. 
Answer  by  Metzgar :  I  have  spent  about  seven  years  in  work- 
ing in  the  mines  in  the  Coeur  D  Alene.  I  have  spent  in 
the  neighborhood  of  seven  years  working  in  the  Napoleon 
mine,  not  steady  work,  but  off  and  on. 
The  reason  why  no  one  denies  this  fact  of  the  above  tes- 
timony is  because  he  cannot  make  a  .living  by  farming  those 
patches  of  here  and  there  on  this  mountainous  land  of  rocks 
and  mountains  on  his  homestead  or  on  the  suggestions  that 
arise  in  the  minds  among  the  farmers  in  this  neighborhood 
that  are  familiar  with  this  question  through  the  experience 
of  trying  to  make  a  living  on  similar  land  by  trying  to  plow 
the  patches  among  the  stumps,  rocks'  and  mountains  with  the 
hand  tools.  Their  character  in  expressing  their  honest  opin- 
ion to  one  another  they  say  that  these  small  patches  of  land 
can  not  be  farmed  and  cultivated  by  the  means  of  the  most 
improved  machinery  that  is  operated  by  an  army  of  wage 
slaves  farm  workers  on  the  lines  of  least  resistance.  They 
say  you  can  no  more  compete  with  hand  tools  against  modern 
improved  farm  machinery  than  you  can  compete  with  the  rail- 
road by  hauling  freight  from  here  at  Boyds  to  Spo- 
kane on  a  wheelbarrow.  The  farmers  around  here 
say  that  nature  has  never  yet  intended  that  they  should  make  a 
living  on  this  land.  It  should  have  been  left  to  the  wild  animals 
and  the  starving  prospectors  so  as  they  would  have  more  game 
to  live  on.  And  that  is  why  John  S.  Metzgar  is  compelled  to 
seek,  search  and  hunt  for  a  master  that  would  be  willing  to  buy 
his  labor  power  as  a  wage  slave  miner  to  any  master  that  would 
be  the  highest  bidder  in  order  to  avoid  starvation,  which  would 
be  the  natural  result  and  consequence  of  the  facts  ihat  would 
spring  out  from  his  experience  if  he  ever  tries  to  proceed  in 
farming  this  land  of  his  or  this  land  of  yours. 

It  is  for  this  reason  that  John  S.  Metzgar  has  lowered 
himself  down  on  the  level  with  wage  slavery  without  a  word 
to  say  against  slavery  when  the  largest  criminal  that  is  guilty 
of  all  kinds  of  wicked  crime  such  as  a  breach  of  man  made 
laws  as  treason,  murder,  robbery,  theft  or  any  other  public 
wrongs  would  have  to  lower  his  position  if  he  came  down  on 


THE  TROUBLES  OF  A  PROSPECTOR 

the  level  with  a  wage  slave,  that  is  all  the  time  out  around 
seeking,  searching,  hunting  for  a  master  who  would  have 
the  supreme  power  of  the  authority  to  command  their  obe- 
dient of  the  wage  slave,  who  so  violently  displayed  absolute 
ignorance  of  the  simplest  rules  of  regulations  that'would  show 
them  the  thorough  knowledge  of  wage  slavery  is  the  state  of  a 
slave  being  in  bondage,  subjection  to  the  will  of  another  and 
that  wage  slavery  is  one  of  the  worst  forms  of  slavery  that  a 
person  can  speak  of. 

As   Benjamin    Franklin   has   said:     "Anyone   that   would 
give  up  any  essential  parts  of  his  liberty  for  safety,  should 
neither  have  liberty  or  safety."     This  statement  elevates  the 
criminal  to  a  higher  standard  of  life,  that  is  above  the  wage 
slave  and  his  master.     Why?     Because  they  have  got  more 
honor  for  liberty  than  what  would  allow  them  to  give  up  any 
essential  part  of  their  liberty  for  safety  and  peace  to  be  pur- 
chased at  the  price  of  becoming  a  good  peaceful  law  abiding 
wage  slave.       Harry  Tracy,   the  Younger  brothers   and   the 
James  boys  all  have  got  the  honor  of  not  lowering  themselves 
down  on  a  level  with  a  wage  slave  and  his  master.     They  are 
all  lovers  of  liberty  and  liberty  is  something  that  you  have  got 
to  fight  for  or  you  will  not  get  your  liberty.     You  can  not  get 
your  liberty  just  by  puting  or  by  placing"  a  piece  of  paper  in 
a  box.    You  must  fight  for  your  liberty  and  fight  you  must  01 
perish,  for  you  can  not  get  your  liberty  by  becoming  a  good 
peaceful  law-abiding  wage  slave   which   is  one  of  tiie   worst 
forms  of  slavery  that  a  person  can  speak  of.    There  is  no  mas- 
ter today  that  would  give  up  the  wage  slave  for  chattel  slaverv. 
There  is  no  master  today  that  would  invest  his  money  into  a 
chattel  slave  labor  even,  down  to  a  horse — he  has  got  sense 
enough  to  know  that  it  is  cheaper  to  buy  horse  power  or  wage 
slave  labor  power  by  the  day,  week  or  "month  or  by  the  year, 
then  it  is  to  have  his  capital  invested  into  chattel  slave  labor 
power  that  is  liable  to  take  sick  which  would  put  the  master 
under  a  big  cost  of  expense  by  keeping  the  chattel  slave  well 
supplied    in    the    line    of   medical    attendance,    food,    clothing, 
shelter  and  protection  from .  everything  that  would  intend  t«» 
injure  the  chattel  slave's  health  in"  any  way,  shape  or  form.     1 1 
he  would  not  give  his  chattel  slaves  this  kind  of  a  treatment, 
the  slaves  would  be  liable  to  die  on  his  hands  and  then   his 


THE  TROUBLES  OF  A  PROSPECTOR  93 

master  would  be  under  the  expense  of  burying  the  dead  and 
lose  the  money  of  a  thousands  dollars  or  more  that  he  had  in- 
vested in  his  chattel  slave  and  perhaps  would  not  be  able  to 
select  another  one  as  good  for  the  price. 

Under  the  wage  slavery  system  the  sick  take  care  of 
themselves  and  now  the  dead  have  to  bury  themselves.  In  the 
year  1908  when  the  Milwaukee  Railroad  tunnel  work  was  go- 
ing- on  about  four  miles  west  of  Taft,  Montana,  there  was  a 
master  who  had  some  chattel  slave  horses  and  some  wage 
slave  teamsters  that  were  doing  the  freighting  of  supplies  from 
Taft  over  the  mountains  to  the  west  end  of  the  mountain.  One 
day  his  wage  slave  teamster  and  his  four  chattel  slave  horses 
went  over  the  mountain  off  of  the  road  down  the  mountain  a 
hundred  feet  or  more  at  a  very  bad  place.  Another  man  on  the 
road  that  was  close  enough  to  see  the  proceeding  of  the  acci- 
dent came  into  Taft  as  quickly  as  posible  and  after  making  the 
character  of  the  accident  known  to  the  teamster  master,  the 
master  asked  if  it  killed  any  of  the  horses.  The  man  said  I 
do  not  know  as  I  never  took  the  time  to  go  down  to  see  where 
they  landed.  Then  the  master  said  that  he  would  send  some 
men  there  right  away  to  get  the  horses.  When  the  men  were 
ready  to  start,  one  man  asked  the  master  what  thev  should  do 
for  the  teamster.  The  master  said  never  mind  taking  care  of 
the  teamster,  I  can  easy  enough  get  a  teamster  any  time  1  want 
one — never  mind  taking  care  of  him — go  and  take  care  of  the 
horses  and  bring  them  home  as  soon  as  you  can.  The  horses 
cost  me  money  and  I  can  not  buy  horses  as  easy  as  I  can  hire 
a  teamster  for  wages.  I  can  not  afford  to  lose  them  horses. 
When  they  got  there  they  found  the  wage  slave  teamster  dead 
and  two  of  the  horses  were  dead  and  the  other  two  were  very 
bacllv  crippled  up  in  their  limbs,  so  disabled  to  be  effective  to 
render  or  be  of  much  service  to  his  master.  All  the  difference- 
there  is  between  the  chattel  slave  of  the  past  and  the  wage 
slave  of  today,  is  the  master  under  chattel  slavery  selected  his 
own  slaves.  John  S.  Metzgar  as  a  wage  slave  miner  for  the  last 
fourteen  years  selected  his  own  master,  that  he  is  so  proud  of 
being 'his  wage  slave  and  not  a  word  to  say. 

As  Debs  has  said:  "Did  you  ever  look  over  yourself,  did. 
you  ever  satisfy  yourself,  as  to  what  you  are,  or  rather  that 
what  3^011  are  not?  Yon  will  arrive  at  the  conclusion  that  as 


94  THE  TROUBLES  OF  A  PROSPECTOR 

a  wage,  slav*1  worker  in  capitalist  society,  you  are  not  a  man 
at  all — you  are  simply  a  thing  and  that  thing  is  bought  at  the 
market  just  as  hair,  hide  and  other  things  of  merchandise  is 
bought." 

The  reason  chattel  slavery  was  abolished  is  because  chat- 
tel slavery  was  becoming  unprofitable  to  the  masters. 

But  what  have  we  gained  by  the  institution  of  establish- 
ing a  wage  slave  system?  At  the  time  of  chattel  slavery,  the 
master  used  to  have  to  hire  a  police  to  watch  the  chattel  slave. 
He  used  to  try  to  run  away  from  his  master  and  make  his  es- 
cape by  fleeing  into  Canada,  so  as  to  be  out  of  danger  from 
his  master.  The  masters  do  not  have  to  hire  police  to  watch 
John  S.  Metzgar,  the  wage  slave  miner.  1  Ic  runs  the  opposite 
way  he  runs  towards  his  master. 

When  the  masters  did  not  have  work  for  the  chattel  slaves 
there  Avere  laws  that  they  were  compelled  to  keep  them  wel- 
prepared  in  the  line  of  food,  clothes,  shelter  and  medical  at- 
tendance. When  the  masters  have  not  got  work  for  John  S. 
Met7gar,  the  wage  slave  miner,  they  turn  him  loose  on  the 
wage  slave  market  where  he  is  compelled  to  seek,  search  and 
hunt  for  a  new  master.  Who  ever  heard  of  a  chattel  slave  hunt- 
ing for  a  master.  The  masters  had  a  hard  time  in  finding  chat- 
tel slaves,  the  wage  slave  miners  have  got  a  hard  time  in  find- 
ing a  master. 

Go  where  you  may,  north  or  south,  cast  or  west  and  you 
will  find  wage  slaves  begging  for  the  opportunity  to  work  in 
order  to  avoid  starvation,  in  a  land  where  milk  and  honey 
(lows.  They  h-ivr  not  got  the  courage  of  a  daring  outlawed 
highwayman  that  would  go  and  take  what  they  produced, 
that  which  naturally  belongs  to  them.  They  do  not  know 
enough  to  be  in  harmony  with  the  natural  laws.  It  is  only 
obeying  the  law  of  self-preservation  that  command  them  tn 
go  and  take  that  or  those  things  that  they  have  got  to  have  in 
order  to  live  to  take  care  of  themselves.  Tt  is  a  natural  law 
that  we  workers  must  obey  or  we  will  come  to  nothing  in  the 
end,  only  to  be  transformed  into  energy.  And  energy  is  noth- 
ing and  nothing  is  something  that  brave  men  of  daring  cour- 
age can  make  use  of  by  harnessing  it  to  do  work  of  any  kiirl 
by  putting  it  into  such  action  that  will  give  them  advantage 
over  others. 


THE  TROUBLES  OF  A  PROSPECTOR  95 

This  universe  consists  of  t\vo  elements,  material  and  en- 
ergy. Material  is  substance  and  energy  is  absolutely  nothing-. 
And  there  are  some  people  who  claim  that  they  are  the  best 
and  well-learned  men  of  the  world.  And  who  proclaim  that 
this  thing  that  I  call  absolutely  nothing  and  they  say  that  it 
is  an  invisible  power  that  does  exist  in  all"  of  the  different 
features  of  life,  clean  throughout  this  whole  universe,  and  that 
this  same  Supreme  Power  manifests  itself  as  being  absolutely 
but  one  God  and  is  something  that  is  absolutely  essential  to 
al  Ithings  pertaining  to  all  life.  Just  as  it  does  express  itself 
in  taking  up  of  space  in  all  of  the  various  features  of  all  life, 
especially  whenever  this  invisible  power  takes  up  the  space  at 
any  time,  when  ever  anyone  would  desire  to  bottle  up  this 
thing  into  an  air-tight  chamber  into  the  form  of  a  vacum.  And 
the  same  is  called  God.  I  say  this  thing  that  is  composed  of  ab- 
solutely nothing  possesses  nothing  but  space  void  of  all  sub- 
stance and  the  same  is  nothing  but  an  air-tight  empty  space, 
entirely  exhausted  from  all  air  and  absolutely  unoccupied  by 
anything. 

And  still  I  have  the  power  to  hold  this  thing  dormant  as 
long  as  I  will  desire  to  hold  it  in  bondage  in  my  bottled  up 
chamber,  shut  up  tight  from  making  any  disturbance  of  any 
kind,  until  I  desire  willingly  to  turn  her  loose  from  bondage. 
And  then  this  invisible  power,  so-called  God  is  a  thing 
that  I  say  is  composed  of  absolutely  nothing,  shows  a  disturb- 
ance of  about  fifteen  pounds  to  the  square  inch.  Whenever 
she  is  absolutely  free  from  bondage  to  act  in  contact  with  all 
other  matter,  inasmuch  as  she  would  show  this  invisible  power 
of  fifteen  pounds  to  the  square  inch. 

That,  I  say,  is  a  thing  that  is  composed  of  absolutely 
nothing. 

And  what  is  furthermore  about  some  of  these  well-learned 
men  is  that  they  go  still  farther  into  their  question  of  this 
invisible  power  that  exists  in  all  of  the  various  forms  of  life. 
Inasmuch  as  in  all  things  of  life  are  the  particles  of  absolutely 
one  God.  That.  I  say,  is  an  invisible  supreme  power  that  is 
composed  of  absolutely  nothing.  And,  therefore.  T  say  that 
all  things  of  Irfe  that  are  the  effect  of  causes  of  all  of  the  slow 
processes  that  are  in  action  in  all  of  nature's  beauties  in  every- 
thing in  life,  the  living,  the  breathing  the  actions  and  re-ac- 


THE  TROUBLES  OF  A  PROSPECTOR 

tions  that  come  from  the  various  causes  of  all  the  different 
processes  of  evolution  that  bring  about  the  complete  changes 
of  all  things  in  life  that  are.  the  effect  of  all  causes  are  doomed 
to  come  to  means  to  an  end.  In  other  words,  there  never  was 
a  birth  of  anything  but  what  there  was  a  death  of  that  same 
thing.  So  you  can  all  plainly  see  that  they  will  lose  their  God 
in  the  end,  anyway.  That,  I  say,  is  a  thing  that  is  composed 
of  absolutely  nothing.  Especially  when  some  of  those  well- 
learned  men  say  again  \vhenever  we  can  establish  this  invisible 
supreme  power  as  the  particles  of  our  absolutely  one  God  will 
become  evenly  balanced  in  all  things  of  life  in  all  of  the  various 
feature  forms  of  all  life  throughout  this  whole  universe.  And 
whenever  we  will  get  this  same  thing  accomplished,  then,  and 
then  only,  there  can  nothing  exist  throughout  the  whole  uni- 
verse but  absolute  peace.  I  say  it  is  the  absence  of  disturb- 
ance, and  when  there  is  no  disturbance,  there  is  no  invisible 
power,  and  when  there  is  no  invisible  power  there  is  no  such 
thing  as  particles  of  one  God  can  exist  in  all  things  which,  1 
sav.  is  composed  of  absolutely  nothing.  So  you  can  all  easily 
see,  as  a  matter  of  fact,  what  would  become  of  their  invisible 
supreme  power  after  they  would  have  the  particles  of  their 
absolute  one  God,  evenly  balanced  in  all  things  and  after  they 
would  have  absolute  peace  evenly  established  in  all  the  various 
feature  forms  of  all  things  throughout  the  whole  universe. 

So  you  can  all  easily  see  how  plain,  simple  and  explicit 
they  have  made  it  for  us  all  to  see  for  the  simple  purpose  that 
there  should  not  be  a  shadow  of  doubt  in  the  minds  of  the 
reader  to  see  that  they  would  only  lose  their  invisible 
power  in  the  end.  Which  is  the  thing  that  they  call  their  ( iod. 
Which  I  say  is  composed  of  absolutely  nothing. 

If  such  a  peace  should  ever  become  evenly  and  firmly  per- 
petuated throughout  this  whole  universe.  And  which  would 
only  be  the  direct  results  of  the  consequence  of  all  that  would 
surely  come  from  the  reaction  of  their  act  of  establishing  abso- 
lute peace,  which  is  the  absolute  absence  of  all  disturbance  thai 
e^ist  in  all  things  of  life  and  the  same  is  true  that  all  one  in- 
visible supreme  power  that  they  call  their  God.  And  the  rea- 
son they  say  that  this  power  is  invisible  that  {hey  call  their 
God  is  because  blindness  cannot  conceive  anything  from  that 
that  they  call  God  especially  when  she  is  composed  of 


THE  TROUBLES  OF  A  PROSPECTOR  97 

absolutely  nothing  and  that  is  why  they  say  that  she  is  a 
thing  that  is  absolutely  invisible,  they  say  it  because  she  is  so 
small  that  they  cannot  see  her  because  there  is  nothing  there  to 
see ;  there  is  nothing  there  to  analyze  and  as  long  as  they  can- 
not show  me  the  smallest  particle  part  of  a  thing  for  me  to 
work  on  this  thing  that  they  call  their  God,  then  1  say  that  she 
is  composed  of  absolutely  nothing.  If  they  could  do  this  they 
would  soon  cease  calling  her  an  invisible  power.  But  they 
cannot  do  this.  As  long  as  they  cannot  do  this  they  should 
all  agree  with  me  that  their  God  is  composed  of  absolutely 
nothing. 

Question  by  Attorney  Walling.  Your  knowledge  is  such 
that  you  could  discover  a  mineral  deposit  of  any  kind  if  you 
would  see  it. 

Answer  by  John  S.  Metzgar.  Yes  it  is.  No  one  denies 
that  fact. 

Question.  How  does  the  ore  in  the  Napoleon  mine  com- 
pare with  the  exhibits  of  ore  that  have  been  offered  here  by 
protestant? 

Answer.  Ore  like  that  taken  from  the  main  tunnel  (taken 
by  Roots)  would  be  thrown  on  the  waste  dump  at  the  Na- 
poleon mine. 

As  a  matter  of  fact  it  is  not  John  S.  Metzgar's  intention 
to  show  or  testify  that  the  character  of  the  ore  in  the  tunnel 
No.  2,  known  as  the  main  tunnel  of  the  Greenhorn  mineral 
claim  is  mineral  in  character.  Mr.  Thomas  Roots  introduced 
three  samples  of  ore  as  evidence  at  the  hearing  at  the  protest 
one  sample  from  tunnel  No.  2,  one  sample  from  tunnel  No.  3, 
one  sample  from  shaft  No.  4,  known  as  the  apex  all  on  the 
Grenhorn  mineral  claim. 

Why  is  it  that  John.  S.  Metzgar  so  furiously  objects  in 
giving  his  testimony  on  the  sample  of  ore  that  came  from 
tunnel  No.  3  and  shaft  No.  4  as  above  mentioned.  According 
to  his  own  testimony  these  prospect  holes  above  mentioned 
are  all  on  his  homestead  and  are  all  on  the  Greenhorn  claim. 
This  gives  evidence  of  the  fact  that  he  is  trying  to  make  final 
poof  in  the  absence  of  showing  the  character  of  the  mineral 
that  is  in  place  in  the  tunnel  No.  3  and  the  lead  of  ore  /that  is  in 
place  in  the  shaft  No.  4  known  as  the  apex  of  the  Greenhorn 


98  THE  TROUBLES  OF  A  PROSPECTOR 

claim,  right  in  the  eyes  of  the  so-called  Honorable  Commis- 
sioners of  the  General  United  States  land  office  of  Washing- 
ton, D.  C. 

Question  by  Attorney  Walling — Is  it  of  the  same  char- 
acter ? 

Answer  by  Metzgar.     Practically  of  the  same. character  of 
what  they  would  call  their  country  rock  at  the  Napoleon  mine. 

Let  me  tell  you  right  here  that  it  is  an  accomplished  fact 
that  fosn  S.  Metzgar  refused  to  take  witnesses  at  the  hearing 
of  the  final  proof  and  at  the  hearing  of  the  protest,  that  would 
testify  to  the  truh  as  to  the  characer  of  the  land  being  mineral 
in  character  or  non-mineral. 

Mr.  Metzgar  went  to  see  Mr.  James  Alexander  and  asked 
him  if  he  would  go  as  a  witness  for  him  at  the  hearing  of  the 
final  proof  and  asked  him  what  he  thought  of  the  character 
of  the  land  as  to  its  mineral.  He  said  that  all  the  land  around 
that  mountain  is  more  or  less  mineralized  and  that  he  thinks 
it  is  the  character  of  mineral  and  if  he  went  as  a  witness  for 
himat  the  day  he  made  final  proof  he  would  tell  the  truth  as  to 
the  character  of  the  land  being  mineral  in  character,  and  that 
he  would  not  lie  for  him  or  for  any  one  else.  Then  he  said  he 
thought  he  could  get  along  without  him  and  walked  away. 

Sometime  in  the  month  of  March  1912  John  S.  Metzgar 
brought  a  old  time  prospector  on  the  Greenhorn  Claim  by  the 
name  of  Mr.  Hook.  He  showed  him  the  main  tunnel  No.  2 
and  asked  him  what  he  thought  of  it.  He  said  that  it  was 
about  as  good  a  capping  as  he  had  ever  seen  over  a  big  shoot 
of  ore.  Then  he  took  him  up  to  the  location  work  of  the 
Greenhorn  No.  2  Claim  and  asked  him  what  he  thought  of  it. 
He  looked  at  it  and  said  that  it  was  the  Blossom  that  always 
crops  up  from  a  big  shoot  of  ore  that  is  in  under  the  ground. 

That  settled  the  question  right  there  and  then  with  Metz- 
gar that  Mr.  Hook  would  never  do  as  a  witness  at  the  hearing 
of  the  protest.  Did  Mr.  Metzgar  take  Mr.  Hook  up  to  show 
him  the  tunnel  No.  3  and  shaft  No.  4  known  as  the  apex  of  the 
Greenhorn  Mineral  Claim  ?  Oh  no,  that  is  to  be  kept  dark  the 
above  answers  were  enough  for  him,  he  did  not  care  for 
Hook's  opinion  on  tunnel  No.  3  or  shaft  No.  4,  that  is  to  keep 
it  dark  as  if  it  did  not  exist. 

These  statements  and  other  statements  m\-e  evidence  that 


THE  TROUBLES  OF  A  PROSPECTOR  99 

he  is  trying  to  make  final  proof  in  the  absence  of  showing  that 
the  character  of  the  land  on  the  Greenhorn  Claim  is  mineral 
in  character,  for  the  prupose  of  speculating  with  the  view  of 
the  expectation  of  getting  control  of  that  big  shoot  of  ore  that 
is  in  under  the  ground  that  runs  in  an  easterly  and  westerly 
direction  clean  across  his  whole  homestead  from  east  to  west 
and  indications  show  that  the  shaft  No.  4  springs  from.  I, 
J.  T.  Melich  testified  at  the  hearing  of  the  protest  that  the 
open  cut  up  to  the  mouth  of  the  main  tunnel  runs  in  a  little 
west  of  north  direction  and  that  main  tunnel  from  mouth  to 
end  was  in  about  30  feet  running  in  a  northerly  direction.  My 
witness  Mr.  Ley  White  and  Mr.  Thomas  Roots  very  near  tes- 
tified to  the  same  thing. 

John  S.  Metzgar  testified  that  the  open  cut  up  to  the 
.  mouth  of  the  main  tunnel  runs  directly  north  and  from  the 
mouth  of  the  tunnel  to  the  end  was  in  about  27  feet  and  runs 
direct  east.  That  is  perjury  by  willfully  making  false  oath 
right  before  lawfully  administered,  right  in  the  eyes  of  the 
co-called  Honorable  Commissioners  of  the  General  U.  S.  Land 
Office  of  Washington,  D.  C.  The  angles  of  the  open  cut  and 
tunnel  are  here  to  stay  and  in  time  will  prove  this  testimony 
of  Metzgar's.to  be  false. 

T,  T.  T.  Melich  testified  that  I  had  done  about  15  feet  of 
work  on  the  discovery  hole  about  $50.00  (fifty  dollars)  worth 
of  work  on  the  road  in  the  year  1910.  It  was  on  this  road 
•work  that  I  made  the  discovery  of  the  mineral  in  the  main 
tunnel  that  I  had  done  about  40  feet  of  work  including  the 
open  cut  work  and  up  to  the  time  of  the  hearing  of  the  protest 
which  figures  up  all  told  on  the  above  mentioned  about  60 
feet  of  work  all  told,  which  amounts  to  the  value  of  $600.00 
(six  hundred  dollars). 

John  S.  Metzgar  testified  at  the  hearing  of  the  protest 
that  there  is  about  65  feet  of  work  all  told  done  on  the  Green- 
horn claim  which  amounts  to  the  value  of  $650.00  (six  hundred 
and  fifty  dollers). 

According  to  this  testimony  of  Metzgar's  he  musl:  of  had 
figured  that  there  must  be  about  five  feet  of  work  done  on  the 
tunnel  No.  3  or  shaft  No.  4  known  as  the  apex.  He  has  so  far 
all  the  way  through  the  hearing  of  the  final  proof  and  hearing 
of  the  protest  never  intended  to  give  any  testimony  on  the 


100  THE  TROUBLES  OF  A  PROSPECTOR 

above  tunnel  and  shaft  mentioned.  Only  through  a  mistake 
of  this  kind  that  he  did  not  intend  to  make.  This  gives  evi- 
dence that  he  must  know  something  about  the  tunnel  No.  3 
and  shaft  No.  4  of  the  Greenhorn  Mineral  claim. 

Question  by  Attorney  Upton — Is  all  that  mineral  ore  that 
is  laying  on  the  table  there  introduced  as  evidence  by  Melich 
and  his  witnesses,  Mr.  Ley  White  and  Thomas  Roots,  all 
practically  of  the  same  character  of  what  they  would  call  their 
country  rock  at  the  Napoleon  mine. 

Answer  by  Metzgar — Yes,  it  is  of  the  same  character.  Six 
samples  oi  that  ore  laying  on  the  table  above  mentioned,  three 
samples  were  taken  from  tunnel  No.  3  and  three  samples  were 
taken  from  shaft  No.  4  of  the  Greenhorn  claim  according  to 
Metzgar's  testimony  the  tunnel  No.  3  and  shaft  No.  4  does  not 
exist  on  the  Greenhorn  mineral  claim. 

Question  by  Attorney  Upton — Is  there  any  one  here  that 
has  got  some  samples  of  ore  taken  from  the  Napoleon  mine? 

Answer  by  J.  T.  Melich — I  have  got  some  here  in  a 
tobacco  sack,  and  handed  the  ore  to  Attorney  Upton,  who 
handed  the  ore  to  John  S.  Metzgar  in  the  witness  chair. 

Question  by  Attorney  Upton — Was  this  ore  taken  from 
the  Napoleon  mine? 

Answer  by  Metzgar — After  taking  three  of  the  best  sam- 
ples of  ore  selected  from  the  bag  he  stated  that  this  is  their 
sample  ore  that  they  ship  from  the  Napoleon  mine  and  it  runs 
heavy  in  the  value  of  sulphur.  The  rest  of  the  ore  that  is  left 
in  the  bag  contains  no  values  and  there  is  nothing  in  it. 

Question — by  Attorney  Upton — Does  the  Napoleon  mine 
ship  any  of  that  kind  of  ore  to  the  smelter  of  what  is  left  in  the 
bag. 

Answer  by  Metzgar — Yes,  they  do.  They  do  not  sort 
their  ore  at  the  Napoleon  mine.  They  take  it  just  as  it  comes 
and  when  they  ship  that  kind  of  ore  that  is  left  in  the  bai;. 
they  get  no  value  from  that  kind  of  ore.  There  is  nothing  in  it 

This  above  bag  of  ore  was  introduced  as  evidence  -n  the 
hearing  of  the  protest  by  I,  J.  T.  Melich.  who  has  taken  tin- 
samples  of  ore  from  a  car  load  of  ore  that  was  filled  out  of  the 
ore  bin  at  the  tramway  that  runs  from  the  mine  to  the  01  e  bin. 
and  was  billed  to  be  shipped  to  the  smelter.  Now  this  above 
ore  was  introduced  as  evidence  unless  the  hearing  of  the  pro- 


THE  TROUBLES  OF  A  PROSPECTOR  101 

test  has  since  been  refrained  right  in  the  eyes  of  so-called  Hon- 
orable Commissioners  of  the  General  U.  S.  Land  Ofhce  of 
Washington,  D.  C. 

(Taken  from  the  appeal,  page  5j.  Metzgar's  testimony  is 
supported  by  the  evidence  of  C.  C.  Gay,  a  mining  man  with 
about  twenty  years  experience.  He  made  careful  examination 
of  the  property  and  in  company  with  James  Regan  and  Metz- 
gar  took  samples  from  the  tunnels  on  the  mining  claims,  which 
samples  were  taken  at  different  places  on  the  side  and  end  of 
the  tunnels  and  are  introduced  in  evidence  as  protestees  1 
and  2. 

Any  one  that  would  shape  and  form  habits  for  twenty 
years  in  the  experience  of  mining  as  a  natural  result  would 
show  to  Mr.  Gay  that  his  habits  for  mining  would  linger  with 
him  until  death.  Mr.  C.  C.  Gay  has  been  in  this  country  for 
over  twelve  years  and  there  is  no  one  in  the  country  that 
would  testify  that  he  ever  worked  a  day  in  the  mines  any  more 
than  he  hauled  coal  from  off  the  cars  on  the  side  track  to  the 
Napoleon  stamp  mill,  which  was  about  a  quarter  of  a  mile 
haul,  for  about  twro  months  in  the  fall  of  the  year  of  1910.  Mr. 
Gay  has  been  ranching  in  this  neighborhood  for  a  number  o{ 
years,  but  could  not  make  a  living  at  ranching.  Mr.  Gay  told 
me  that  he  was  a  harness  maker  by  trade  and  in  the  year  1911 
Mr.  Gay  traded  off  his  ranch  for  a  harness  shop  in  Spokane, 
Wash.  Now  it  seems  that  Mr.  Gay  has  shaped  and  formed 
more  of  a  habit  in  making  harness,  which  he  says  is  his  trade, 
that  he  is  now  working  at  in  Spokane,  than  the  habit  he  has 
formed  in  mining  for  twenty  years  would  haunt  him  to  his 
grave  to  work  in  mines  as  a  miner  which  would  only  be  a 
natural  result  that  he  would  naturally  frequently  resort  to. 

Did  Mr.  C.  C.  Gay  and  Mr.  James  Regan  examine  the 
tunnel  No.  3  and  shaft  No.  4,  known  as  the  apex  of  the  Green- 
horn claim,  as  the  above  testimonv  goes  to  prove,  without  a 
doubt,  that  they  have  made  a  careful  examination  of  the 
property. 

Did  Metzgar  and  his  witnesses  introduce  any  samples  of 
ore  as  evidence  taken  from  the  different  places  on  the  sides 
and  end  of  tunnel  No.  3  and  shaft  No.  4?  Oh,  no,  that  is  to  be 
kept  dark  and  not  to  be  disclosed  or  communicated  in  this  case 
as  evidence.  This  gives  evidence  that  his  witnesses  are  to 


102  THE  TROUBLES  OF  A  PROSPECTOR 

receive  some  compensation  in  case  they  win  the  suit  in  court. 
That  will  give  them  full  authority  to  superintend  the  power  of 
control  of  the  big  shoot  of  ore  that  shaft  No.  4  springs  from, 
in  return  to  his  witnesses  for  not  disclosing  by  communicating 
to  others  that  the  tunnel  No.  3  and  shaft  No.  4  exist  on  the 
property  of  the  Greenhorn  claim  that  they  have  examined. 
There  was  only  one  sample  of  ore  and  one  assay  introduced 
as  evidence  at  the  hearing  of  the  protest  b  y  Metzgar  and  his 
witnesses  as  they  had  testified  to  that  the  samples  of  ore  and 
assay  has  been  taken  from  the  side  and  end  out  of  the  main 
tunnel  and  not  out  of  tunnels  as  the  testimony  in  the  appeal 
states. 

The  above  samples  and  assay  of  ore  introduced  as  evi- 
dence at  the  hearing  of  the  protest  as  1  and  2  were  little  small 
pebbles  of  rocks  that  gave  evidence  that  they  were  broken  off 
of  larger  pieces  of  mineral  ore  that  was  more  mineralized  ore, 
taken  from  the  tunnel  No.  2  known  as  the  main  tunnel  of  the 
Greenhorn  claim.  And  then  the  non-mineralized  pebbles  car- 
rying no  values  were  assorted  out  and  separated  from  the  ores 
that  were  more  mineralized  and  has  the  character  of  mineral. 

This  same  thing  can  be  done  at  any  mine  that  is  in  opera- 
tion today,  by  the  process  of  sorting  and  separating  the  non- 
mineralized  ores  that  carry  no  values  from  the  mineralized 
ores  that  carry  the  values,  not  saying  anything  about  it  being 
done  in  a  prospect  tunnel  that  has  only  40  feet  of  work  done  at 
the  time  the  samples  were  taken,  including  the  open  cut  and 
tunnel  work  and  the  end  of  the  tunnel  gave  about  20  feet 
depth  from  the  surface  at  the  time  the  samples  were  taken. 

Here  is  one  lesson  of  the  splendid  and  truthful  fact  that 
John  S.  Metzgar  understands  the  process  well  of  separating 
ore  of  no  values  from  ores  that  carry  values.  The  truthful 
fact  comes  from  the  testimony  of  Metzgar's  evidence  on  the 
sack  full  of  sample  ore  that  I,  John  T.  Melich,  had  taken  from 
a  car  load  of  ore  that  was  loaded  from  the  Xapoleon  mine  and 
billed  to  be  shipped  to  the  smelter.  This  sack  full  of  sample 
ore,  T,  J.  T.  Melich.  introduced  as  evidence  at  the  hearing  of 
the  protest.  When  Metzgar  was  giving  his  testimony  ri^ht  in 
the  Avitness  chair  he  assorted  and  separated  all  of  the  samples 
of  mineral  ore  that  carried  values  from  the  bag  or  sack  and 
testified  that  all  of  the  ore  that  was  left  in  the  tobacco  hag  did 


THE  TROUBLES  OF  A  PROSPECTOR  103 

not  contain  values  of  any  kind,  and  when  questioned  by  Attor- 
ney  Upton,  if  the  Napoleon  mine  shipped  any  ore  like  that 
ore  that  was  left  in  the  tobacco  bag,  John  S.  Metzgar  ans- 
wered by  saying,  Yes,  they  did.    They  do  not  sort  their  ore  at 
tmine.    They  ship  it  just  as  it  comes  out. 
(Taken  from  the  appeal.)     There  was  also  an  assay  from 
ilar  rock  taken  at  the  same  time  from  the  tunnels  showing 
no  trace  of  mineral  which  assay  appears  in  the  record  as  pro- 
testees  exhibit  No.  3. 

There  was  no  sample  of  m  ineral  ore  No.  2  nor  no  assay 
No.  3  introduced  as  evidence  by  Metzgar  or  his  witnesses  at 
the  hearing  of  the  protest. 

This  above  testimony  in  the  appeal  only  gives  evidence 
that  the  hearing  of  the  protest  has  since  been  refrained.  Right 
in  the  eyes  of  the  so-called  Honorable  Commissioners  of  the 
General  U.  S.  Land  Office,  Washington,  D.  C. 

The  only  sample  of  rock  that  was  introduced  as  evidence 
at  the  hearing  of  the  protest  by  Mr.  Metzgar  and  Mr.  Gay  was 
the  sample  of  one  No.  1  and  the  assay  No.  2  that  was  taken 
from  sample  of  ore  No.  1  and  the  above  rock  was  taken  from 
the  tunnel  No.  2,  known  as  the  main  tunnel  of  the  Green- 
horn claim.  That  was  all  that  was  introduced  as  evidence. 
And  there  were  no  samples  of  ore  No.  2,  nor  assay  No.  3  intro- 
duced as  evidence  as  above  stated  in  the  appeal. 

Question  by  Attorney  Upton — Where  did  you  take  this 
sample  of  ore  from,  that  you  and  Mr.  Gay  had  this  assay 
made  of. 

Answered  by  Metzgar — We  took  it  from  the  main  tunnel 
of  the  Greenhorn  claim. 

Question — How  does  the  sample  of  ore  that  you  and  Gay 
had  the  assay  made  from  compare  in  the  relationship  of  agree- 
ments or  disagreements,  between  your  sample  of  ore  and  those 
ten  samples  of  ore  that  was  introduced  here  at  the  hearing  as 
evidence  by  Melich  and  h  is  witnesses,  Mr.  T.  Roots  and  Mr. 
Ley  White,  that  is  laying  on  the  table  right  there  in  front  of 
you. 

Answer  by  Metzgar — That  ore  there  laying  on  the  table, 
contains  no  values  and  it  is  all  country  rock.  There  is  no 
value  in  them. 

Question  by  Attorney  Upton — How  docs  the  samples  of 


104  THE  TROUBLES  OF  A  PROSPECTOR 

ore  introduced  here  by  Metzgarand  Gay  compare  with  the  ten 
samples  of  ore  introduced!  by  you  and  your  witnesses,,  Mr. 
Roots  and  White. 

Answer  by  Melich — Why  the  sample  of  ore  that  Metzgar 
and  Gay  introduced  as  evidence  are  little  pebbles  of  rock  that 
were  taken  from  the  left  side  and  end  of  the  mam  tunnel 
broken  oft  from  rock  that  was  more  mineralized  and  then 
sorted  from  the  ones  that  were  more  mineralized.  It  they 
would  have  brought  with  them  the  whole  pieces  that  these 
smaii  pebbles  were  "broken  from,  it  would  have  shewn  that  it 
was  the  character  of  being  mineral  in  character. 

These  ten  samples  of  large  pieces  of  ore  introduced  here 
as  evidence  by  1.  I.  T.  Melich.  and  my  witnesses  Mr.  Ley 
While  and  Thomas  Roots,  laying  here  on  the  table,  four  of 
these  samples  were  in  place  when  they  were  taken  from  tunnel 
Xo.  2,  known  as  the  main  tunnel,  three  of  these  samples  wen1 
in  place  when  they  were  taken  out  of  tunnel  Xo.  3  and  the 
other  three  samples  were  in  place  when  they  were  taken  out 
of  the  shaft  Xo.  4,  known  as  the  npex.  All  of  the  above  tun- 
nels and  shaft  mentioned  are  on  the  Greenhorn  claim.  There- 
fore the  small  pebbles  taken  from  the  main  tunnel  by  Metzgar 
and  his  witnesses  do  not  compare  at  all  Avith  the  ten  samples 
of  ore  laying  there  on  the  table.  That  any  one  can  plainly  see 
that  the  samples  are  well  mineralized  and  show  the  character 
of  mineral,  while  the  pebbles  do  not  show  the  character  <>t 
mineral'. 

(Taken  from  the  appeal  page  6.) 

Gay  testified  after  a  careful  examination  of  the  mining 
claim  and  basing  his  judgment  upon  his  experience  of  many 
years  in  mining,  that  he  did  not  think  that  the  showing  made 
by  the  mineral  claimant  was  such  as  would  warrant  a  prudent 
man  in  expending  time  and  money  on  the  property,  with  the 
expectation  of  making  a  paying  mine. 

In  order  to  make  the  above  testimony  more  truthful  it 
should  read  something  like  this. 

Gay  testified  after  a  careful  examination  of  his  harness 
trade  and  basing  his  judgment  upon  his  experience  of  main 
years  of  work  at  the  harness  trade,  he  did  not  think  that  I. is 
showing"  made  by  farming  was  such  a^  would  warrant  him  as 
an  intelligent  and  prudent  :rtan  in  expending  his  time  and 


THE  TROUBLES  OF  A  PROSPECTOR  105 

money  on  farming  property  with  the  expectation  of  making  his 
living  by  farming  and  mining. 

Question  by  Attorney  vV ailing Tell  what  you  know 

about  the  character  of  the  land  on  the  Greenhorn  claim  being- 
mineral  in  character  or  not. 

We  have  examined  the  main  tunnel  and  took  samples  of 
ore  every  two  feet  along  the  sides  of  the  tunnel  and  end  of  the 
tunnel  and  all  we  could  see  was  a  little  vein  of  ore  about  one 
inch  in  width. 

Who  was  with  you  when  you  examined  the  main  tunnel? 

Mr.  Metzgar  and  Mr.  Regan. 

How  many  years  of  experience  have  you  had  in  mining? 

About  twenty  years. 

Basing  your  judgment  upon  your  experience  of  many 
years  in  mining,  do  you  think  that  the  showing  made  by  the 
mineral  claimant  was  such  as  would  warrant  a  prudent  man  in 
expending  his  time  and  money  on  the  property  with  the  expec- 
tation of  making  a  paying  mine? 

I  do  not. 

This  above  question  of  Attorney  Walling  gives  evidence 
that  the  above  question  was  switched  from  a  letter  that  I 
received  from  Mr.  Hal  J.  Cole,  Register  of  U.  S.  Land  Office, 
Spokane,  Wash.,  dated  September  7th,  1911,  stating  that  I 
should  get  a  lawyer  to  draw  me  up  a  formal  protest  against 
the  homestead  proof  of  John  S.  Metzgar.  This  protest  should 
show  that  I  have  valid  mining  claims  on  the  side  land  in 
question,  and  it  should  also  show  that  I  have  mineral  enough 
to  justify  a  person  of  ordinary  intelligence  and  prudence  in 
expending  his  money  and  time  in  the  development  of  such 
mining  claims.  In  other  words,  you  must  make  out  a  good 
strong  case  in  order  to  secure  a  hearing  in  the  case. 

All  the  main  detail  substance  of  matter  consists  in  the 
question  above  asked  by  Attorney  Walling,  put  to  Mr.  Gay, 
the  witness,  to  answer,  consists  in  Mr.  Hal  ].  Cole's  above 
statement  mentioned  only  worded  different  in  order  to  conceal 
their  disguise  of  graft  in  their  business. 

Air.  Hal  J.  Cole's  statements  wrere  not  on  the  main  track. 
They  were  on  a  switch,  and  are  so  arranged  so  he  can  switch 
them  from  one  track  to  another  until  no  one  knows  what  track 
they  are  on.  It  is  time  that  this  switching  should  be  stopped. 


106  THE  TROUBLES  OF  A  PROSPECTOR 

It  was  some  time  in  the  first  part  of  October,  1911,  that 
Hal  J.  Cole  advised  me  to  hire  this  lawyer,  so-called  Attorney 
N.  D.  Walling,  who  would  make  me  out  a  good  strong  case, 
before  1  would  be  ever  able  to  secure  a  hearing  in  the  case  of 
the  protest. 

(Taken  from  the  appeal,  page  6.)  Among  the  witnesses 
who  testified  in  this  case  there  were  but  two,  Metzgar  and 
Gay,  who  could  qualify  and  show  sufficient  knowledge  of 
mining  to  give  competent  evidence  as  to  the  mineral  character 
of  the  ground,  and  both  swear  without  reservation  that  the 
land  has  no  value  for  mineral  purposes. 

This  above  testimony  gives  evidence  that  Mr.  Metzgar 
and  Mr.  Gay  must  have  some  knowledge  of  the  character  of 
the  lead  of  ore  in  the  tunnel  No.  3  and  to  the  lead  of  ore  that 
measures  2  feet  and  8  inches  in  the  shaft  No.  4,  known  as  the 
apex  of  the  Greenhorn  mineral  claim.  Mr.  Metzgar  and  Mr. 
Gay  both  of  them  have  with  reservation  refused  intentionally 
to  take  samples  of  ore  or  little  pebbles  of  non-mineralized 
character  selected  from  the  character  of  mineralized  pebbles 
that  they  should  have  taken  from  tunnel  No.  3  and  shaft  No.  4 
that  they  should  have  introduced  at  the  hearing  of  the  protest 
as  evidence.  Oh,  No.  That  would  never  do  for  Mr.  Metzgar 
and  Mr.  Gay  to  show  the  character  of  the  above  mineral  leads 
of  ore  mentioned  in  tunnel  No.  3  and  shaft  No.  4,  known  as  the 
apex  of  the  Greenhorn  claim.  Mr.  Metzgar  and  Mr.  Gay 
above  testimony  shows  plain  enough  that  they  must  make 
final  proof  in  the  absence  of  showing  the  character  of  the  min- 
eral leads  of  ore  above  mentioned,  right  in  the  eyes  of  so-called 
Honorable  Commissioners  of  the  General  U.  S.  Land  Office 
of  Washington,  D.  C. 

(Taken  from  the  appeal,  page  6.)  The  country  for  miles 
about  these  mineral  locations  was  prospected  years  ago  and 
nothing  found,  and  it  appears  that  one  prospector  who  had 
made  a  mineral  location  on  this  .same  property  abandoned 
the  same. 

This  above  evidence,  without  a  doubt,  gives  evidence  that 
John  S.  Metzgar  has  got  a  clear  understanding  of  the  charac- 
ter of  the  mineral  bodies  of  ore  in  the  tunnel  No.  3  and  in  the 
shaft  No.  4,  known  as  the  apex  of  the  Greenhorn  claim.  If  lie 
is  not  familiar  or  acquainted  with  the  mineral  leads  of  ore 


THE  TROUBLES  OF  A  PROSPECTOR  107 

above  mentioned,  how  does  he  know  tliat  this  one  prospector 
had  located  and  abandoned  the  same  mineral  leads  of  ore 
above  mentioned  before.  Mr.  Metzgar  and  Gay  have  been 
swearing  right  along  without  reservation  that  the  above  lead 
of  mineral  ore  mentioned  do  not  exist  in  the  Greenhorn  min- 
eral claim.  This  is  perjury  by  wilfully  making  a  false  oath 
administered  by  lawful  authority  in  a  court  of  justice. 

^ Taken  from  the  appeal  page  6.)  This  language  of  the 
Federal  Statute  with  reference  to  the  character  of  the  deposit 
as  determining  the  right  to  explore  and  appropriate  is  "All 
valuable  mineral  deposits."  Sec.  2319  revised  statutes. 

"A  vein  or  lode,  to  be  locateable  and  patentable  under  the 
mining  laws,  must  possess  the  elements  of  rock  in  place,  bear- 
ing one  or  more  of  the  minerals  specified  in  the  statute,  or 
some  other  mineral  that  would  be  embraced  within  the  added 
words  other  valuable  deposits."  Henderson  et  al.  vs.  Felton 
25  D.  D.  652.  "The  existence  of  gold  in  non-paying  quantities 
will  not  preclude  agricultural  entry  of  the  land."  Ething  et  al. 
vs.  Potter,  17  D.  D.  424;  Wall  Street  Mining  Company  vs. 
Benson,  decided. 

These  above  laws  are  meant  for  old  developed  mines  and 
not  newly  and  freshly  discovered  prospects  that  are  not  yet 
developed  into  an  old  paying  mine,  that  they  have  spent  hun- 
dreds of  thousands  of  dollars  before  the  mine  was  put  on  a 
paying  basis  and  not  until  then  do  they  become  valuable,  no 
matter  how  good  a  prospect  a  poor  prospector  may  have.  He 
has  not  got  the  money  to  develop  his  prospect  into  a  mine  and 
that  is  why  all  of  the  old  time  prospectors  that  strike  it  rich 
were  compelled  to  seel  their  property  for  a  song,  just  because 
they  did  not  have  the  money  to  develop  their  prospect  into  a 
paying  mine.  Therefore  these  mining  laws  above  mentioned 
have  no  bearing  on  this  case  of  a  newly  discovered  prospect 
that  is  not  yet  developed  into  a  paying  mine.  I,  J.  T.  Melich, 
received  a  letter  from  Department  of  the  Interior,  General 
Land  Office,  Washington,  D.  C.,  dated  September  30th,  1911, 
stating,  "You  are  advised  that  mineral  land  cannot  lawfully  be 
embraced  in  an  agricultural  entry  and  the  mineral  character  of 
the  land  may  be  shown  at  any  time  prior  to  final  entry  on  the 
agricultural  filing,  that  the  land  in  question  is  mineral  in 
character." 


108  THE  TROUBLES  OF  A  PROSPECTOR 

In  38  L.  D.  512,  the  department  said,  "In  this  connection 
it  may  be  observed  that  under  the  desert  land  act,  no  matter 
how  extensive  may  have  been  the  entrymen's  improvements 
and  reclamations,  and  disclosure  of  mineral  prior  to  final  entry 
will  defeat  the  claimant." 

These  above  statements  are  made  in  this  letter  that  I  have 
received  from  the  Department  of  the  Interior,  General  Land 
Office,  dated  Sept.  30th,  1911,  do  not  state  that  the  law  com- 
pels me  to  have  my  prospects  on  paying  basis.  They  do  not 
even  state  that  I  have  got  to  show  the  values  of  minerals  in 
paying  quantities.  It  only  states  that  1  have  got  to  show  that 
the  character  of  the  land  on  the  Greenhorn  mineral  claim  is 
mineral  in  character.  Therefore  the  above  laws  stated  in  the 
appeal  must  be  false,  as  they  do  not  appear  to  be  conformable 
to  fact.  What  do  you  think  of  it? 

(Taken  from  the  appeal  on  page  7.)  By  the  Honorable 
Commissioners,  December  27th,  1910,  on  appeal  from  Spokane 
Land  office. 

"The  protestant  having  failed  to  show  that  the  land  in 
controversy  contains  any  lode,  vein,  or  valuable  mineral  de- 
posits, the  decision  of  the  Register  and  Receiver  should  be 
reversed.  Metzgar's  proof  accepted  and  approved  and  the 
land  embraced  in  his  homestead  entry  passed  to  patent." 
Respectfully  submitted, 

Attorney  for  John  S.  Metzgar. 

This  is  the  end  of  all  of  the  testimony  that  is  stated  in  the 
appeal  and  it  is  not  signed  by  any  one. 

This  above  testimony  gives  evidence  that  Mr.  Metzgar 
has  wilfully  perjured  himself  by  forswearing  the  false  oath 
that  was  lawfully  administered  in  the  court  of  justice  at  the 
hearing  of  the  protest,  by  trying  to  make  final  proof  in  the 
absence  of  showing  that  the  character  of  the  land  in  the  tunnel 
No.  3  and  shaft  No.  4  known  as  the  apex  of  the  Greenhorn 
mineral  claim  is  mineral  in  character  and  has  a  mineral  lead  of 
ore  that  measures  two  feet  and  eight  inches  in  width  at  a 
certain  point.  I  cannot  understand  why  it  is  that  John  S. 
Metzgar  is  so  afraid  of  the  truth  in  making  those  above  mineral 
leads  of  ore  known  that  is  in  the  tunnel  No.  3  and  shaft  Xo.  4 
of  the  Greenhorn  claim.  But  such  seems  to  be  the  fact. 


THE  TROUBLES  OF  A  PROSPECTOR  109 

I  have  been  warned  and  cautioned  to  go  slow  and  not  be 
too  radical  on  this  land  question  in  controversy  containing 
mineral  or  being  mineral  in  character.  In  order  to  gain  the 
support  of  those  who  might  be  offended  by  telling  the  whole 
truth  of  the  lead  of  ore  that  measures  two  feet  eight  inches 
wide  at  a  certain  point  in  the  shaft  No.  4  known  as  the  apex  of 
the  Greenhorn  mineral  claim. 

I  will  not  accept  any  such  advice  that  has  been  recom- 
mended by  counsel.  If  1  have  got  to  utter  falsehoods  or  lies 
about  the  above  leads  of  mineral  ore  mentioned,  I  do  not  want 
such  support,  and  as  far  as  being  too  radical  as  to  the  truth  of 
the  land  in  controversy  being  mineral  in  character,  1  will  say. 
Do  you  not  see  if  there  was  not  a  radical  little  root  sprouting 
under  a  tree  that  tree  could  never  develop  itself. 

I  am  now  as  I  ever  have  been  working  for  the  full  meas- 
ure of  the  facts  of  everything  pertaining  to  the  testimony  in 
this  appeal,  that  they  all  so  boldly  declare  and  clearly  proclaim 
to  be  the  truthful  fact,  that  the  lead  of  ore  in  the  tunnel  and 
the  two  feet  eight  inches  wide  of  a  vein  of  ore  in  the  shaft  \o. 
4  known  as  the  apex  of  the  Greenhorn  mineral  claim  does  not 
exist  and  never  did  exist  for  the  last  million  vears  or  more. 

Such  testimony  as  this  kind  of  evidence  given  in  the  appeal 
is  perjury  right  in  the  eves  of  so-called  Honorable  Commis- 
sioners of  U.  S.  Land  Offive  of  Washington,  D.  C. 

(Signed)   JOHN  T.  MELICH. 
Reference  to  Spokane  03838  "N"  J.  P.  B.  1  x  R  and  R. 

Boyds,  Wash.,  December  19th,  1912. 

Department  of  the  Interior,  General  Land  Office,  Washington,  D.  C. 
Sir:  I  wrote  a  letter  to  Mr.  Hal  J.  Cole,  register  of  U.  S.  Land 
Office,  Spokane,  Wash.,  dated  November  26th,  1912,  stating  to  let  me 
know  if  all  the  main  details  of  the  morning  session  of  the  hearing  of 
the  protest  at  10  A.  M.  June  6th,  1912,  were  or  were  not  stated  in  this 
letter  of  11  sheets,  but  did  not  get  an  answer  yet.  I  wrote  another 
letter  to  Hal  J.  Cole  dated  December  5th,  1912,  stating  if  you  are  not 
going  to  answer  any  more  of  my  letters  in  regard  to  this  matter  let 
me  know  and  I  will  not  spend  any  more  of  my  valuable  time  in  writ- 
ing to  you  about  this  matter,  but  did  not  get  an  answer  yet  from  any 
one  of  the  two  above  letters  menioned.  I  also  have  a  letter  from 
Hal  J.  Cole  stating  that  the  records  do  not  show  that  1,  J.  T.  Melich 
had  demanded  a  copy  of  the  hearing  of  the  protest  at  the  morning 
session  about  15  minutes  after  I  was  told  by  Hal  J.  Cole  to  take  the 


110  THE  TROUBLES  OF  A  PROSPECTOR 

witness  chair  10  A.  M.  June  6th,  1912,  Spokane,  Wash.  This  only 
gives  evidence  to  show  that  he  has  no  records  to  show  that  there  was 
a  morning  session  of  the  hearing  of  the  protest  at  the  above  time 
mentioned. 

You  will  confer  me  a  great  favor  by  letting  me  know  why  he 
does  not  answer  my  letters,  and  also  let  me  know  if  the  records  show 
or  show  not  a  morning  session  of  the  hearing  of  the  protest  above 
date  mentioned. 

Let  me  tell  you  right  here  something  about  the  splendid  facts 
that  I,  J.  T.  Melich  was  kept  totally  unconscious  of  the  facts  of  every- 
thing pertaining  to  the  action  that  there  has  been  taken  in  the  appeal 
of  the  decision  rendered  in  my  favor  by  the  Register  and  Receiver 
Land  Office,  Spokane,  Wash.  That  John  Smetzgar  is  taking  the  above 
decision  by  appealing  to  the  Commissioners  of  the  General  Land 
Office,  Washington,  D.  C.  This  above  appeal  never  was  served  on 
me  until  after  November  20th,  1912,  and  it  is  not  signed,  let  me  know 
if  it  would  be  legal  for  me  to  take  action  upon  this  appeal  when  it  is 
not  signed.  There  is  one  error  in  the  appeal  1  would  like  to  know 
something  about.  It  gives  evidence  that  the  hearing  of  the  protest 
has  been  reframed,  stating  that  my  witnesses  did  not  introduce  sam- 
ples of  ore  as  evidence  at  the  hearing  of  the  protest.  Mr.  Ley  White 
introduced  as  evidence  three  samples  of  ore  from  prospect  Xo.  J. 
Xo.  3  and  apex  Xo.  4.  Mr.  Thomas  Root  introduced  3  samples  of 
ore  as  evidence  from  prospect  Xo.  2  and  Xo.  3  and  irom  the  apex 
Xo.  4  and  I.  J.  T.  Melich  introduced  as  evidence  4  samples  of  ore 
from  prospect  No.  2,  two  samples  from  Xo.  3,  one  sample  from  apex 
Xo.  4  all  taken  from  the  Greenhorn  Mineral  claim..  Hal  J.  Cole  won't 
tell  me  what  action  he  had  taken  on  these  10  samples  of  ore.  1  think 
I  have  a  right  to  know  these  facts.  If  the  error  in  the  appeal  did  not 
deny  these  facts  I  would  not  trouble  myself  about  them.  Let  me 
know  something  about  this  ore,  I  demand  an  answer  on  this  question. 

From  the  Department  of  the  Interior  General  Land  Office,  I  h;;v<. 
a  receipt  No.  655129  showing  that  I  paid  eleven  dollars  and  twenty- 
five  cents  for  the  testimony  in  the  contest  Xo.  3303  serial  Xo.  03838. 
Why  it  is  that  1  am  not  allowed  to  have  a  copy  of  the  he'iring  of  the 
protest.  This  is  the  fourth  time  that  I  have  demanded  the  above 
copy,  but  Hal  J.  Cole  has  not  yet  conceedcd  or  permitted  himself  to 
send  one  to  me. 

I  have  been  waiting  for  this  copy  of  the  hearing  of  the  protest 
for  a  long  time  now  and  have  not  yet  received  one  yet.  I  wish  that 
you  would  see  to  this  and  see  that  T  cret  one.  I  demand  one.  \-  I 
have  lots  of  evidence  to  show  that  the  hearing  of  the  protest  has  been 
reframed  since  the  hearing  at  10  A.  M.  June  6th,  1912. 

When  I  concentrate  all  of  my  mental  forces  on  this  question 
considering  the  evidence  that  T  have  already  on  this  proposition,  it 
will  go  to  prove  that  there  has  been  lots  of  crooked  work  .^oiii^  on 
in  this  case  from  start  to  finish. 

T  can  only  arrive  at  the  conclusion  that  Mr.  Hal  J.  Cole  wanted 
this  time  that  he  is  so  boldly  taken  instead  of  answering  my  letters 
he  is  tising  the  time  to  patch  up  his  dirty  work  with  and  perhaps  to 


THE  TROUBLES  OF  A  PROSPECTOR  111 

see  if  he  can't  smooth  over  with  so  called  Honorable  Commissioners 
of  the  General  Land  Office,  Washington,  D.  C.,  but  the  truth  will  all 
come  out  in  the  end  just  the  same. 

Very  truly  yours, 

JOHN  T.  MEL1CH. 

In  reply  please  refer  to  Spokane  03838  "N"  JPB  1  x  R&R. 
Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C.,  January  10,  1913. 
Information. 

Mr.  John  T.  Melich,  Boyds,  Washington. 

Sir:  In  reply  to  your  letter  of  December  19,  1912,  you  are 
advised  that  the  record  in  the  case  of  your  mineral  contest  against  the 
homestead  entry  Spokane  03838,  of  John  S.  Metzgar,  filed  April  15. 
1905,  for  the  NW%,  NW>4,  Sec.  32  and  the  NEJ4  NE^>  Sec.  31,  T. 
38  N.,  R.  37  E.  is  now  in  this  office,  on  appeal  by  Metzgar  from  the 
decision  of  the  local  officers,  of  August  27,  1912,  holding  that  the  land 
embraced  in  said  homestead  entry,  in  so  far  as  said  entry  conflicts 
with  your  Greenhorn  Mining  claim,  was  mineral  in  character. 

A  copy  of  Metzgar's  appeal  was  served  on  C.  C.  Upton,  your  duly 
authorized  attorney  of  record,  September  25,  1912,  as  shown  by  his 
written  acknowledgment  in  the  record.  Therefore,  you  cannot  claim 
that  service  of  the  appeal  was  not  made  on  you  "until  after  Novem- 
ber 20,  1912."  However,  any  reply  which  you  may  wish  to  make  will 
be  considered,  if  fded  in  this  office  before  the  case  is  reached  for 
adjudication,  which  will  probably  be  in  about  four  months. 

You  may  be  assured  this  office  will  not  be  misled  by  any  wrong 
statements  there  may  be  in  the  appeal. 

The  record  shows  that  the  case  was  called  at  10  o'clock  A.  M.. 
June  6,  1912,  and,  as  you  had  no  attorney  at  that  time,  an  adjourn- 
ment was  taken  until  1.30  P.  M.,  when  you  appeared,  with  your 
attorney,  C.  C.  Upton,  and  the  hearing  began.  So  no  testimony  was 
taken  until  that  hour  and  you  were  the  first  witness. 

The  samples  of  ore  shown  by  your  witnesses  at  the  hearing  are 
not  with  the  record.  The  local  officers  will  be  asked  to  forward  the 
same,  if  in  their  office.  But  the  record  of  the  hearing  does  not  show 
that  any  of  them  were  formally  introduced  in  evidence.  There  is  a 
difference  between  merely  showing  samples  and  properly  introducing 
them  in  evidence,  in  the  manner  required  by  law. 

If  you  wanted  a  copy  of  the  testimony,  you  should  have  made 
arrangements  with  the  stenographer  who  took  it.  The  ordinary  costs 
for  taking  testimony  contemplate  only  the  testimony  required  by  the 
register  and  receiver.  However,  you  may  obtain  a  photographic  copy 
from  this  office  upon  payment  of  $5.80. 

Very  respectfully, 

S.  V.  PROUDFIT,  Assistant  Commissioner. 

W.  B.  C. 


112  THE  TROUBLES  OF  A  PROSPECTOR 

Boyds,  Ferry  Co.,  Wash.,  April  1,  1913. 
Department  oi  the  interior,  General  Land  Office,  Washington,  D.  C. 

In  reference  to  Spokane,  O.  3838  "X"  J.  P.  B.  1  X.     W.   He. 

Sir:  In  reference  to  your  letter  dated  January  31st,  1913,  let  me 
tell  your  right  here  in  this  arid  wilderness  of  steel  and  stone,  1  raise 
up  my  voice  that  you  may  hear  me.  Say,  that  I  do  not  understand  why 
it  is  that  you  are  so  afraid  of  the  truth.  But  such  seems  to  be  the  fact 
in  this  protest  case  of  appeal  to  the  General  Commissioners.  I  stand 
lorth  to  challenge  your  wisdom,  for  I  request  reasons  and  ask  the 
why,  what  and  wherefor  whatsoever  reasons  you  have  had  for  not 
stating  in  your  letter  that  I  received  from  you  dated  January  31st, 
1913.  In  your  leter  you  did  not  state  the  full  total  number  of  min- 
erals, ores  and  assays  and  applications  of  locations  notices  of  quart/, 
mineral  claims.  Also  the  applications  of  labor  proofs  that  wtre  in- 
troduced in  evidence  at  the  hearing  of  the  protest  June  6th,  1912, 
Spokane,  Wash.  All  you  have  stated  in  your  letter  is  "I  have  to  ad- 
vise that  the  samples  of  ore  offered  at  the  hearing  by  you  and  your 
witnesses  have  been  forwarded  by  the  Register  and  Receiver  to  this 
office  and  will  be  taken  in  consideration  when  the  records  in  t he- 
case  are  examined." 

You  did  not  state  in  your  letter  how  many  samples  of  mineral 
ores  and  assa}'s  have  been  forwarded  by  the  Register  and  Receiver 
to  this  office  of  yours,  that  were  in  place  when  taken  out  of  the  main 
tunnel  No.  2,  and  wa^  introduced  in  evidence  by  me  and  my  witnes- 
ses at  the  hearing  of  the  protest.  You  did  not  state  how  many  sam- 
ples of  mineral  ores  have  been  forwarded  to  you  by  the  Register  and 
Receiver  to  this  office  of  yours  that  were  in  place  when  taken  out 
from  Tunnel  No.  3,  and  was  introduced  in  evidence  by  me  and  my 
\\ilnesses  at  the  hearing  of  the  protest. 

You  did  riot  state  how  many  samples  of  mineral  ores  have  been 
forwarded  to  you  by  the  Register  and  Receiver  to  this  office  of  yours, 
that  were  in  place  when  taken  out  from  the  Shaft  No.  4.  known  as 
the  apex  of  the  Greenhorn  Claim,  and  the  same  was  introduced  in 
evidence  by  me  and  my  witnesses,  Air.  Lea  White  and  Mr.  Thomas 
Roots  at  the  hearing  of  the  protest.  You  did  not  state  in  your  letter 
how  many  samples  of  mineral  ores  have  been  forwarded  to  you  by  the 
Register  and  Receiver  to  this  office  of  yours,  that  which  were  taken 
out  from  the  Napoleon  mine,  and  the  same  were  introduced  in  evi- 
dence by  me  at  the  hearing  of  the  protest  June  6th,  1912,  Spokane, 
Wash.  Y'ou  did  not  state  in  your  leter  how  many  applications  of  lo- 
cation notices  of  quartz  mineral  claims  and  how  many  applications 
of  labor  proofs,  that  have  been  forwarded  to  you  by  the  Register  and 
Receiver  to  this  sole  ownership  office  of  yours,  that  were  introduced 
in  evidence  by  me  at  the  Tearing  of  the  protest  against  the  Home- 
stead proof  of  John  S.  Mi«t;p;ar.  Tune  6th,'  1912,  Sopkane,  Wash.  In 
your  letter  that  I  have  received  from  you  dated  January  31st.  1;-U. 
you  did  not  state  how  many  samples  of  rock  and  assays  that  were 


THE  TROUBLES  OF  A  PROSPECTOR  113 

forwarded  to  you  by  the  Register  and  Receiver  to  this  office  of  yours 
was  taken  out  from  what  tunnels  or  Shaft  No.  4  by  Metzgar  and  his 
witnesses,  Mr.  C.  C.  Gay  and  Mr.  James  Regan  from  the  Greenhorn 
claim  and  introduced  in  evidence  at  the  hearing  of  the  protest. 

I,  J.  T.  Melich,  demand  an  answer  and  a  statement  of  the  whole 
full  total  aggregate  amount  of  everything  above  stated  or  mentioned 
in  this  letter.  I,  J.  T.  Melich,  have  no  receipt  to  show  that  you  arc 
in  possesion  of  al  my  valuables  that  are  mentioned  in  this  leter. 
have  nothing  to  show  that  1  could  reclaim  them  with,  therefore  I 
demand  a  receipt.  I  cannot  afford  and  I  will  not  trust  any  of  Jesus 
Christ  impotent  mob  redeemer,  your  Hebrew  mad  man,  the  Kmc 
of  the  Slaves,  with  all  of  the  valuable  things  mentioned  here  in  this 
letter  without  a  receipt.  I  demand  one,  and  if  the  cap  rits  you,  wear 
it.  It  is  rumored  all  around  in  this  whole  country  that  John  S.  Metz- 
gar gave  the  Commissioners  $50.00  ( fifty  dollars)  for  the  privilege 
right  to  apeal  this  decision  rendered  in  my  favor  by  the  Register  and 
Receiver  Land  Office,  Spokane,  Wash.,  to  the  General  Commissioners 
Land  Office,  Washington,  D.  C.  for  no  other  purpose  only  to  do  the 
miracles  in  changing  the  formation  of  the  land  on  the  Greenhorn 
Claim  from  the  character  of  mineral  ore  to  the  character  of  non- 
mineral  just  as  they  see  fit  to  which  ever  one  is  the  highest  bidder, 
that  can  give  up  the  most  money. 

Say,  Commisioners,  I  am  about  all  in  and  I  am  up  against  the 
real  thing,  let  me  know  if  I  am  in  it  with  you  on  that  $50.00  (fifty 
dollars)  that  Metzgar  gave  you  for  the  purpose  of  changing  the 
formation  of  the  land  on  the  Greenhorn  Claim  from  the  character  of 
mineral  to  the  character  of  non-mineral.  If  I  am  not  in  it  with 
you  on  that  $50.00,  I  will  squeal  on  you.  If  you  wil  not  whack  up 
and  divide  with  me  I  will  squeal  it  all  out  to  every  one  in  this  arid 
land  of  steel  and  stone. 

(Signed)   JOHN  T.   MELICH. 

(In  Reply  please  refer  to   Spokane03838    'N"  JPB). 

Department  of  the   Interior 
General  Land  Office,  Washington,  January  31,  1913. 

Information. 
Mr.  John  T.  Melich,   Boyds,  Washington. 

Sir:  Referring  to  my  letter  of  January  10,  1913,  in  the  case  of 
your  mineral  contest  against  the  homestead  entry  Spokane  03838,  of 
John  S.  Metzgar,  filed  April  15,  1905,  which  is  now  in  this  office  on 
appeal  by  Metzgar  from  the  decision  of  the  local  officers  of  August 
27,  1912,  holding  that  the  land  embraced  in  said  homestead  entry  in- 
sofar as  said  entry  conflict  with  your  Greenhorn  Mining  claim  was 
mineral  in  character,  I  have  to  advise  that  the  samples  of  ore  offered 
at  the  hearing  by  you  and  your  witnesses  have  been  forwarded  by 
the  register  and  receiver  to  this  office  and  will  be  taken  into  con- 
sideration when  the  record  in  the  case  is  examined. 
Very  respectfully, 

S.  V.   PROUDFIT, 
1-29-13  ck  Assistant  Commissioner. 


114  THE  TROUBLES  OF  A  PROSPECTOR 

(In  reference  to  Spokane,  03S38;  "N"  J.  P.  B..  1  X     W.  He, 
'Department  of  the  Interior,  General  U.  S.  Land  Office,  Washington, 
D.  C.,  April  21st,  1913. 

Sir:  1  wrote  you  a  letter  dated  April  1st,  1913,  stating  that  I 
must  have  a  written  statement  from  you  or  an  itemized  account,  or 
best  of  all  the  full  number  of  the  samples  of  mineral  ores  and.  assays 
and  notices  of  quartz  mineral  location  applications  and  labor  proois 
applications,  that  I,  J.  T.  Melich,  and  my  witnesses  have  had  intro- 
duced at  the  hearing  of  the  protest  038J8  June  6th,  1912,  Spokane, 
Wash.  Let  me  know  if  I  have  no  right  to  know  something  about  tln.s 
matter  above  mentioned  that  you  claimed  in  your  letter,  January  3lst, 
1913,  that  the  above  articles  have  been  forwarded  by  the  Register 
and  Receiver  to  this  office  of  yours.  I  have  not  received  an  answer 
yet  from  my  letter  dated  April  1st,  1913.  I  demand  an  answer  from 
you  as  you  are  compelling  me  to  spend  my  valuable  time,  labor  and 
money  and  forcing  me  to  register  my  letters  that  I  am  writing  to 
you,  in  order  to  prevent  you  from  claiming  that  you  did  not  re- 
ceive the  letters  that  I  have  been  writing  to  you.  Also  preventing 
me  from  doing  my  assessment  work  on  my  mineral  claims.  And 
all  of  this  trouble  that  you  are  making  me  you  are  also  condemning 
the  sale  of  part  of  my  interest  in  my  mining  property  by  holding  my 
property  in  a  confused  motion  by  your  action  proceedings  and  your 
process  of  law.  Have  I  no  right  to  resent  and  consider  the  great 
injury  that  you  are  doing  me  by  not  recognizing  my  side  of  the  case 
in  this  matter  of  appeal  from  the  start  to  finish?  I  demand  that  it 
is  time  that  you  should  recognize  my  side  of  this  appeal  of  my  pro- 
test case  and  not  spend  all  of  your  time  in  refraining  and  by  trying 
to  smooth  maters  over  with  the  Register  and  Receiver  of  the  Spo- 
kane Land  Office  with  smokey  substance  that  would  soothe  the  priv- 
ileged class,  who  have  the  power  to  take,  but  to  keep  who  can.  If 
dual  fighting  and  combating  with  one  another  in  the  forcible  struglle 
for  existence  has  anything  to  do  with  the  death  to  the  weakling  and 
wealth  to  the  strong,  for  the  law  of  self-preservation  is  in  action 
which  is  the  first  law  of  nature,  that  commands  every  one  of  us  to 
take  care  of  ourselves  upon  the  economic  field  under  all  kinds  of 
dangerous  conditions,  no  matter  if  you  have  tp  use  a  lead  pipe  or 
steal  chickens  to  do  it.  We  must  do  it,  it  is  right  that  the  people 
should  get  the  direct  results  of  the  punishment  of  a  lead  pipe  or  of 
losing  heir  chickens,  which  only  comes  from  the  re-action  of  their 
acts,  in  shaping  and  forming  such  conditions  so  as  no  one  can  live 
without  using  a  lead  pipe  or  by  stealing  chickens  or  by  robbing  <>r 
by  being  robbed.  We  have  to  obey  the  natural  laws  or  we  will  be 
punished  for  violating  them.  As  I,  J.  T.  Melich.  did  not  have  money 
enough  to  hire  a  lawyer  in  all  of  my  trouble  in  the  matter  of  ni> 
protest  and  appeal  cases,  and  as  an  Ameican  born  citizen,  lot  me 
know  if  the  constitution  of  this  country  gives  me  the  right  to  de- 
pend upon  myself  absolutely  to  determine  my  own  ends  and  decide 
my  own  plans  in  the  matter  of  my  protest  and  appeal  case,  that  ! 
have  been  putting  so  squarely,  fairly  and  honestly  before  the  Com- 
missioners of  this  country.  A  man's  first  duty  in  this  world  is  to 


THE  TROUBLES  OF  A  PROSPECTOR  115 

himself  and  his1  family,  that  his  whole  unit  is  composed  of  or  formed 
of.  He  should  not  forget  that  when  fighting  for  himselt  he  is- right- 
ing for  his  family.  I  have  at  all  times  been  resolutely  on  the  watch- 
out  of  my  defense  against  thfe-  authorities  of  all  of  those  meddlesome 
dogs  who  are  trying  to  impose  their  foul  filthy  and  extremely  dirty 
ideals  upon  my  mining  properly  and  priavte  public  life.  To  these 
foe-men  of  authority,  I  will  be  as  pitiless  as  the  Gods.  For  ages  who 
have  been  the  destroyer  of  liberty  by  proclaiming  that  the  individual 
existed  for  the  Holy  Church,  not  the  Holy  Church  lor  the  individual. 
Just  so  today  the  authorities  of  our  divine  mobolized  Government 
are  proclaiming  and  teaching  the  leson  that  the  citben  exists  ior  the 
Government,  not  the  Government  for  the  Citizen. 

Say  you  destroyer  .of  liberty,  let  me  know  if  the  constitution 
of  this  country  gives  me  the  right  to  defend  myself  in  self-detense 
as  best  I  know  how  without  money  enough  to  hire  a  lawyer  in  this 
matter  of  my  protest  and  appeal  case.  If  the  constitution  of  the 
country  gives  me  the  right  to  defend  myself  in  self-defense  in  this, 
case,  why  is  it  that  the  Commissioners  of  the  U.  S.  Land  Office  of 
this  country  are  so  violently  refusing  and  declining  to  answer  my 
letters  that  I  have  spent  my  valuable  time  in  writing  to  those  clog 
hounds  who  have  been  making  matters  in  the  hearing  of  the  protest 
and  the  appeal  case  different  than  what  they  really  are  I  have  some 
very  important  evidence  to  send  in  to  the  Commissioners  of  Wash- 
ington, D.  C.  that  will  go  to  prove  that  there  has  been  a  conspiracy 
going  on  in  this  protest  and  apcpal  case  03838.  But  I  am  not  go- 
ing to  send  the  evidence  in  until  1  get  an  answer  to  my  letter  that 
I  have  sent  to  you  dated  April  1st,  1913.  I  proclaim  that  it  is  neces- 
sary for  you  to  have  this  evidence  before  you  take  action  on  the 
appeal.  Why  is  it  that  you  do  not  answer  mv  letter  dated  April 
1st,  1913? 

Oh,  it  is  because  I  have  not  got  the  money 

That  makes  them  act  so  awful  funny, 

When  I  have  got  no  money 

I'   makes  me  trlk  so  awfully  funny. 

Oh  it  is  morey,  money,  money  everywhere. 

(Signed)  JOHN  T.  MEUCH. 

Department  of  the   Interior,  V.   S.   Land   Office,  Spokane,  Wash- 
ington, May  31,  1913. 
John  T.  Melich,  Boyds,  Washington. 

Sir:  In  reference  to  your  contest  against  the  homestead  entry  of 
John  S.  Metzgar,  involving  a  homestead  entry  and  a  mineral  claim, 
you  are  advised  that  under  date  of  May  27,  1913.  the  Assistant  Com- 
missioner of  the  General  Land  Office"  reversed  the  decision  of  the 
Spokane  Office,^contray  to  the  Spokane  Office,  that  the  land  involved 
is  nonminneral  in  character. 

Thirty  (30)  days  from  notice  are  allowed  within  which  to  ap- 
peal from  his  decision  to  the  Secretary  of  the  Interior;  and  upon 


116  THE  TROUBLES  OF  A  PROSPECTOR 

your  .failure  to  take  actiop  within  the  time  specified  the  case  will  be 
reported  for  appropriate  action. 
ij    A  copy  of  the  decision  is  inclosed. 

Very  respectfully, 

HAL  J.  COLE,  Register. 
L.  B.  NASH,  Receiver. 

(In  reply  please  refer  to  Spokane  03838  "N"  JPB   Ix  2x.) 
Department  of  the  Interior,  General  Land  Office,  Washington,  D.  C., 
May  27,  1913. 

John  T.  Melich  vs.  John  S.   Metzgar. 
Reversing  register  and  reciver  Land  found  nonmincral. 
Register  and  Receiver,  Spokane,  Washington. 

Sirs:  April  17,  1905,  John  S  Metzgar  made  homestead  entry  No. 
648  (03838),  on  which  final  proof  was  submitted  September,  7,  1911. 

October  6,  1911,  John  T.  Melich  filed  a  protest  alleging  himself  to 
be  the  owner  of  the  Greenhorn  lode  claim,  located  on  the  land  em- 
braced in  the  homestead  entry;  that  $400  worth  of  work  had  r>er. 
done  on  said  Grenhorn  lode,  and  that  there  was  a  vein  or  lode  of  val- 
uable ore  on  the  claim. 

You  ordered  a  hearing  on  the  protest,  setting  December  7,  1911 
as  the  date  thereof. 

November  17,  1911,  Melich  and  Metzgar  entered  into  a  stipula- 
tion whereby  the  former  agred  to  withdraw  his  protest  in  return  for 
which  the  homesteader  was  to  allow  him  the  mining  privileges  of  the 
Greenhorn  mining  claim.  November  30,  1911,  Melich  wrote  to  your 
office  withdrawing  his  protest  upon  the  grounds  stated  in  the  stipu- 
lation. 

January  31,  1912,  this  office  held  that  in  view  of  the  facts  dis- 
closed by  the  record,  it  was  improper  to  allow  final  certificate  to  the 
homestead  entryman  and  refused  to  alow  the  protest  to  be  withdrawn. 
You  were,  accordingly,  directed  to  set  a  new  date  for  the  hearing. 
This  you  did,  the  hearing  tc-king  place,  June  6,  1912.  before  your  of- 
fice. 

August  27,  1912,  you  rendered  a  decision  as  follows: 

"We  are  of  the  opinion,  from  the  evidence  in  the  case,  that 
the  land  embraced  in  the  homestead  entry  of  John  S.  Metzgar, 
and  in  conflict  with  the  Greenhorn  quartz  claim,  is  chiefly  valu- 
able for  its  mineral  deposits  and  is  not  subject  to  appropriation 
under  the  homestead  laws. 

We,  therefore,  recommend  that  H.  E.  648  C.  S.,  serial  XC. 
03838  made  April  17,  1905,  for  the  NE}4  NE'4,  Sec.  31  and  SWJ4 
NWK  and  Nl/2  NW#,  Sec.  32,  T.  38  N..  R.  37  E.,  W.  M.,  and 
upon  which  final  proof  was  made  September  7,  1911,  be  cancelled 
as  to  that  part  in  conflict  with  said  Greenhorn  mining  claim. 

October  24,  1912,  you  forwarded  the  record  to  this  office  with  an 
appeal  by  Metzgar,  the  homestead  entryman.  filed  in  due  season. 

January  17,  1913.  you  transmitted  the  samples  offered  by  Melich 
and  his  witnesses  to  be  put  with  the  record. 

The  testimony  wil  now  be  considered.     John  T.  Melich.  protest- 


THE  TROUBLES  OF  A  PROSPECTOR  117 

ant,  says  he  located  the  Greenhorn  claim  in  1909,  while  Metzgar  was 
residing  on  his  homestead;  did  $100  worth  of  work  in  July,  1909,  and 
did  assessment  work  in  1910,  part  of  which  was  in  the  construction 
of  a  wagon  road;  while  so  engaged,  he  discovered  cropping  of  a  lead 
he  had  been  seeking  for  a  year;  claims  there  is  2  feet  of  "solid  meit- 
ed  mineral"  between  wall-defined  \vals;  traced  vein  from  the  surface 
100  feet  westerly  from  apex;  discovered  four  veins;  produced  Sam- 
ples of  rock  taken  from  the  claim;  has  another  location,  the  Green- 
horn No.  2,  located  in  September,  1911.  on  the  land  in  Metzgar's 
homestead;  been  engaged  in  mining  work  eight  or  nine  years;  as- 
says made  of  ore  taken  rrom  the  Greenhorn  tunnel  show  values  or 
$4.80  and  $2.90  per  ton,  principally  in  gold;  the  le?d  on  the  Green- 
horn is  easily  visible;  thinks  his  ore  is  better  than  that  obtained  in 
the  Napoleon  lode,  three  miles  to  the  southeast;  believes  no  pros- 
pector would  ever  quit  working  on  his  ground;  it  would  not  cost 
more  than  $1.00  per  ton  to  treat  his  ore;  ore  of  the  same  character  as 
his  goes  through  the  Granby  Smelter  daily,  some  of  which  does  not 
go  over  $2.50  per  ton;  thinks  in  the  near  future  almost  any  kind  of 
$1.00  ore  can  be  worked  at  a  profit;  not  over  four  acres  of  the  land 
in  his  two  claims  can  be  plowed. 

Ley  White,  a  rancher,  produced  rocks  taken  from  the  tunnel 
on  the  Grenhorn;  testified  that  he  could  not  tell  whether  they  con- 
tained valuable  mineral;  does  not  think  land  covered  by  Grenhorn 
and  Greenhorn  No.  2  claims  fit  for  agriculture,  as  it  is  all  hillside. 

Thomas  Roots,  homesteader,  says  Melich  tunnel  is  30  or  40  feet 
in  length;  ground  in  the  mining  claim  naturally  rough;  some  few 
acres  might  be  cultivated;  offered  samples  taken  from  the  tunnel;  he 
is  not  familiar  with  minerals. 

John  S.  Metzgar,  homestead  entryman,  testified  that  Melich's 
mining  claims,  the  Greenhorn  and  Greenhorn  No.  2  occupy  half  an 
acre  in  Sec.  32  and  22  or  23  acres  in  Sec.  31 ;  theye  were  located  in 
1909  and  1911;  the  land  embraced  in  the  claims  is  we!  covered  with 
bunch  grass;  a  few  acres,  possibly  four,  are  tillable;  there  is  no  lodt 
or  deposit  of  mineral  in  the  tunnel,  nor  art  there  any  deposits  oi 
mineral  in  any  of  the  workings  or  prospect  holes;  he,  himselt  has 
spent  about  seven  years  working  in  mines;  ore  like  that  taken  from 
tunnel  by  protestants  witness,  Root,  would  be  thrown  on  the  waste 
dump  at  the  Napoleon  mine;  a  great  many  prospects  were  located 
within  three  or  four  miles  of  his  homestead;  they  have  been  aban- 
doned; told  of  his  stipulation  with  Melich;  did  not  believe  there  was 
any  mineral;  the  country  rock  is  materialized  but  is  not  valuable  for 
mineral. 

James  Regan  took  samples  for  Mr.  Metzgar  in  the  Greenhorn 
tunnel,  knocking  off  pieces  every  2  or  3  feet  or  so  and  expressed  them 
to  the  assayer's  office.  C.  C.  Gay,  who  lived  near  Metzgar's  home- 
stead has  had  mining  expeirence,  examined  Melich's  mining  claims 
says  you  can  find  rock  similar  to  that  found  on  Melich's  claims  al- 
most anywhere  in  the  county;  did  not  see  anything  he  could  call  a 
ledge;  found  what  looked  like  mineralized  rock,  samples  of  which  he 


118  THE  TROUBLES  OF  A  PROSPECTOR 

produced;  when  assayed,  they  showed  nothing  but  ;a  trace  of  cop- 
per; would  not  consider  prospects  there  enough  to  wavant  a  prudent 
mail  in  expending  time  and  money. in  the  hope  of  developing  a  pay- 
ing, mine. 

Samples  taken  by  Metzgar's.  witnesses  from  the  Greenhorn  min- 
ing, claim  were  introduced;  also  an  assay  certificate,  showing  only  a 
trace- of. copper  obtained  from  samples  submitted  by  him  to  the  as- 
sayer.  .  ,, 

From  the  evidence  adduced,  the  land  in  contest  is  not  shown  to 
ha\  e  any  present  or  prospective  value  for  mineral.  Your  decision  is, 
ac'.-or.cjingly  reversed,  and  the  land  held  to  be  nonmineral  in  character, 
subject  to  the  right  of  appeal  to  the  Department,  Notify  the  parties 
hereof  and  at  the  proper  time  report  with'  evidence  of  service. 

Two  cppies  hereof  enclosed  for  service. 
Very  respectfully, 

(  Xo  Signature. 
;  Assistant   Commissioner. 

•    ' 
I)      (Tnreference  to  Spokane  03838  "Xv  J.  P.  B.  Ix  2x.) 

Boyds.   Ferry  Co.,  Washington.     June   16,   1913. 
Secretary  of  the  Interior,  Washington.  D.  C. 

Sir:  On  June  12,  1913,  1  received  a  letter  from  Ha!  J.  Cole.  Reg- 
ister; L.  B.  Nash,  Receiver,  of  the  U.  S.  Land  Office  of  Spokar.e, 
Wash.,  dated  May  31,  1913,  stating  you  are  advised  under  d?.te  of 
May  27,  1913,  the  Assistant  Commissioners  of  the  General  Land  Of- 
fice reversed  the  deceision  of  the  Spo.kane  Office,  that  the  land  in- 
volved is  non-mineral  in  character,  and  that  I  am  only  given  thirty 
days  from  date  to  take  action.  I  have  informed  the  Commissioners 
long  ago  that  I  only  get  to  town  off  of  this  mountain  once  or  twice 
a  month  for  my  mail,  and  they  have  all  been  well  aware  of  that  long 
ago,  and  furthermore,  I  wanted  it  clearly  and  distinctly  understood 
that  1  will  not  have  any  more  dealings  or  negotiations  under  no  con- 
-ideraiion  whatever  with  Hal  J.  Cole,  Register,  and  Mr.  L.  B.  Hash, 
Receiver  of  the  U.  S.  Land  Oflice.  Spokane.  Wash.  A  copy  of  thede- 
cision  was  enclosed  under  date  of  May  27.  1913,  in  the  letter  I  re- 
ceived above  mentioned,  and  it  is  not  signed  by  any  one.  Now,  I 
would  like  to  know  if  a  copy  of  any  kind  like  that  is  not  signed  by 
anyone  is  legal  in  law.  The  fact  of  the  whole  matter  is  that  the  Com- 
missioners have  been  doing  too  much  dirty  foul  wrork  in  this  case;  by 
refraining  the  evidence  that  was  given  in  at  tht  hearing  of  the  pro- 
test on  June  6,  1912.  They  have  overdone  it  and  it  is  beginning  to 
leak  out  through  the  cracks  of  their  loop  holes.  1'his  is  the  fact  ot 
the  whole  thing;  that  is  why  they  arc  afraid  to  put  their  own  name* 
on  any  more  of  their  own  writing.  And  that  is  why  the  copy  of  the 
decision  is  not  signed  by  anyone.  To  prove  this  above  statement  to 
be  a  fact,  I  will  only  take  a  small  part  of  +he  reframed  evidence  stat- 
ed in  the  decision  on  sheet  3.  stating  "The  testimony  will  now  be 
considered.  John  T.  Melich  believes  no  prospector  would  ever  quit 
working  on  his  grounds."  I  did  nut  give  any  evidence  like  that  at 


THE  TROUBLES  6     A  PROSPECTOR  119 

the  hearing  of  the  protest  and  it-- proves  itself  to  be  an  infernal  false- 
hood of  a  lie.  I  have  never  been  in  the  habit  of  using  the  word  "be- 
lieve" in  such  sense  of  the  word  as  that.  Now,  1  did  a  great  deal  of 
\speaking  and  writing  to  a  great  number  of  people  in  this  country  that 
!  was  born  in,  and  I  dare  you  to  get  me  one  person  that  c?n  prove  that 
I  have  ever  used  that  word  "believe"  above  mentioned  in  any  of  my 
speakings  or  writings  in  such  a  sense  as  it  is  put  in  the  above  evi- 
dence mentioned.  Habits  that  it  has  taken  me  years  and  years  to 
shape  and  form  will  linger  with  me  until  death,  and  my  habits  will 
haunt  me  to  my  grave.  And  I  always  have  rny  nabits  with  me,  and 
I  frequently  resort  to  them,  just  as  the  sun  has  the  habit  of  appear- 
ing every  morning,  or  in  other  words  the  revolution  of  this  nut- 
shell that  I  am  standing  on  has  the  habit  of  bringing  my  appearance 
to  that  Sun  every  morning.  No  one  but  a  made  man  would  use  that 
word  "believe"  in  such  a  mode  and  manner  of  writing  such  evidence 
as  above  mentioned.  And  whoever  wrote  it  should  be  castrated  and 
locked  up  in  the  Insane  Asylum.  This  is  self-evidence  that  it  is  ficti- 
tious evidence  of  the  hearing  of  the  protest  June  6,  1912.  The  same 
thing  may  be  said  about  the  evidence  in  the  decision,  that  it  has  been 
retrained  since  the  hearing  of  the  protest  and  that  there  was  no  such 
evidence  as  what  is  in  the  decision  given  in  at  the  hearing  of  the 
protest  on  Tune  6,  1912,  Spokane,  Wash.  It  is  all  lie-thing  more  than 
fictitious  evidence  composed  of  smokey  substance  and  that  is  all  there 
is  to  it. 

All  of  the  letters  that  I  have  received  from  the  Commissioners 
with  their  name  signed  to  them  that  I  have  in  my  possesion  contradict 
themselves  from  start  to  finish.  It  is  all  the  same  as  B.  S.,  or  in 
other  words  they  are  all  the  same  as  Bible  Stories.  They  have  over- 
done the  matter  that  it  is  beginning  to  look  like  an  over-loaded  slop 
bucket  that  has  never  yet  been  emtied  and  that  is  why  the  slop  buck- 
et is  running  over,  and  that  is  why  the  Commissioners  are  afraid  to 
sign  their  own  name  to  any  more  of  their  writings  to  me.  How  do 
you  expect  me  to  take  further  action  in  this  matter  when  there  is 
such  dirty  work  going  on  against  me.  The  hearing  of  the  evidence 
of  any  case  should  not  contradict  itself.  There  are  no  true  two  sides 
to  any  question.  Here  is  something  that  you  should  investigate  with 
:\  careful  examination.  What  became  of  the  two  following  letter?  I 
wrote  a  letter  to  the  Commissioners  of  Washington,  D.  C.,  dated 
April  1,  1913,  stating  to  them  clearly  that  I  wanted  a  full  account  of 
my  valuables  consisting  of  filings  of  notices  of  mineral  applications, 
contract  filings  of  mineral  labor  proofs,  applications  and  othci  valu- 
ables of  consideration  that  the  Commissioners  are  in  possession  of, 
but  got  no  answer  yet  from  the  letter  above  mentioned.  And  another 
registered  letter  No.  278,  P.  O.,  Boyds,  Wash.,  received  for  registra- 
tion April  21,  1913,  from  J.  T.  Melich.  addresed  to  the  Commisioners 
of  the  U.  S.  Land  Office,  Washington,  D.  C.  First  class  postage  pre- 
paid, Post  Master  per  E.  Alexander.  I  did  demand  a  receipt  on  this 
registered  letter,  but  did  not  receive  the  receipt  yet,  and  no  answer 
to  the  letter  above  mentioned.  I  only  wrote  for  an  item  of  my  valu- 


120  THE  TROUBLES  OF  A  PROSPECTOR 

ables  that  the  commissioners  have  in  their  possesion.  But  they  will 
not  give  me  any  account  of  them.  This  shows  evidence  that  they  will 
not  ever  be  returned  back  to  me  again. 

I  have  letters  from  the  Commissioners  in  my  possesion  th^t  will 
go  to  prove  without  a  doubt  that  the  Commissioners  oi  the  U.  S. 
Land  Offices  of  Spokane,  Wash.,  and  of  Washington.  D.  C.,  that  they 
have  requested  me  to  write  to  them.  Now  they  even  refuse  to  let  me 
know  if  they  have  received  the  two  letters  above  mentioned. 

I  wish  that  you  would  see  to  this  matter.  Under  no  consider- 
ation will  1  take  any  further  action  on  this  case  until  I  receive  an 
answer  to  all  of  my  letters  that  I  have  written  to  the  Commissioners 
of  Washington,  D.  C.,  ever  since  April  1,  J913.  I  will  not  have  this 
work  undone  that  should  have  been  done  long  ago,  before  I  take  any 
further  action  on  this  matter.  Sure  my  side  of  this  case  should  be  al- 
lowed and  granted  the  permit  of  that  much  acknowledgement.  1  only 
ask  for  a  little  recognition  on  my  part  of  the  case  in  this  matter.  Will 
you  grant  it  to  me  and  investigate  this  for  me  before  I  take  any  fur- 
ther  action  on  this  case.  Also  you  will  find  a  very  true  copy  <  t  the 
evidence  that  was  given  in  at  the  hearing  of  the  protest  en  June  6, 
1912,  Spokane,  Wash.,  that  you  will  give  a  little  of  your  attention 
to,  in  regard  of  respect  to  the  inspection.  The  copy  consists  of  43 
sheets.  After  you  have  performed  the  necessary  work  that  is  re- 
quired to  be  done  on  those  43  sheets,  1  want  all  of  them  returned 
back  to  me  as  soon  as  possible.  As  T  have  no  other  way  of  obtaining 
a  true  copy  of  the  hearing  of  the  protest,  I  will  register  tnis  It-tter 
and  the  copy  of  the  hearing  of  the  protest  inclosed  to  you,  and  I  will 
prepay  for  the  register  of  return  of  the  43  sheets  as  soon  after  the 
work  has  ben  done  as  stated  in  the  copy. 

(Signed)  JOHN  T.  MELICH. 

What  1,  J.  T.  Melich,  testified  at  the  hearing  of  the  pro- 
test in  June  6th,  1912,  was,  that  if  every  prospector  in  the 
world  would  be  compelled  to  quit  work  on  their  prospect  just 
because  they  did  not  have  showing  of  the  character  of  the 
mineral  on  their  prospect  that  I  have  got  on  my  prospect  on 
the  Greenhorn  Mineral  Claim,  then  there  would  be  hardly  one 
mine  in  operation  in  the  world  today.  And  then  Metzgar 
would  have  to  plow  his  little  four  acres  of  land  out  of  every 
twenty-five  acres  of  land,  with  a  wooden  plow.  According  to 
Metzgar's  testimony  at  the  hearing  of  the  protest  he  said  about 
"four  acres  of  the  land  is  about  all  of  the  land  that  he  could 
plow  out  of  every  twenty-five  acres  of  the  land  that  Melich 
has  got  staked  out  into  his  mining  claim  on  my  land."  The 
reason  he  said  this  is  because  the  character  of  the  land  is  self- 
evident.  And  no  Commissioner  will  ever  be  able  to  plow  more 


THE  TROUBLES  OF  A  PROSPECTOR  121 

than  four  acres  of  the  land  with  his  cowardly  pen.  As  long 
as  the  world  will  stand  it  cannot  be  done  just  by  changing  my 
testimony  above  mentioned  to  the  substance  that  they  have 
written  with  their  cowardy  pen  in  the  decision  rendered 
against  me.  Stating  the  testimony  will  now  be  considered. 
J.  T.  Melich  believes  no  prospector  will  ever  quit  working  on 
his  ground. 

To  show  you  how  much  sense  those  Commissioners  have 
got,  when  they  are  in  the  act  of  reframing  up  evidence  against 
me.  Through  their  ignorance  in  not  knowing  the  different 
meanings  of  the  words  "believe"  and  "think/"  This  is  the  real 
cause  that  had  its  effect  in  making  it  simple  and  easy  for  me 
to  prove  by  their  own  self-evidence  that  my  testimony  above 
stated  has  been  re-framed  up  against  me  since  the  hearing  of 
the  protest.  And  I  will  take  the  framed  up  evidence  that  they 
have  written  with  their  cowardy  pen  in  the  decision  that  they 
did  decide  against  me.  And  that  the  same  proves  itseli  to  be 
false  frameup  against  me  b}'  their  own  self  evidence.  Which 
plainly  shows  that  they  did  not  have  the  sense  of  a  goose,  of 
a  louse,  of  a  common  wingless  parasite,  insect  devourer  that 
creeps  on  the  back  of  their  own  creatures,  with  their  cowardly 
pen  that  was  used  in  the  writing  of  the  frameup  that  decided 
against  me  in  the  decision  show  that  they  did  not  have  the 
sense  to  write  the  word  "think,"  instead  of  the  word  'believe" 
in  the  decision  that  decided  against  me.  Or  in  other  words,  it 
would  have  read  like  this :  "The  testimony  will  now  be  con- 
sidered, j.  T.  Melich  THINKS  no  prospector  will  ever  quit 
working  his  ground.''  If  the  Commissioners,  who  ever  they 
were,  had  used  the  word  THINK  instead  of  the  word  BE- 
LIEVE at  the  time  when  they  were  in  the  act  of  writing  the 
re-framed  evidence,  would  not  have  been  self-evident  that 
would  show  that  the  evidence  had  been  re-frarned  since  the 
hearing  of  the  protest.  Why?  Because  it  would  have  been 
more  complicated  and  harder  for  me  to  prove  so  as  not  to 
leave  a  shadow  of  doubt  in  the  minds  of  the  people  of  this 
grand  nation.  That  the  testimony  given  at  the  hearing  of  the 
protest  June  6,  1912,  had  been  changed  since  the  hearing  of  the 
protest.  But  the  Commissioner  did  hot  have  sense  enough  to 
know  that  at  the  time  they  were  writing  the  self-evidence  with 
their  cowardly  pen  that  they  have  written  this  refrain  up  in 


122  THE  TROUBLES  OF  A  PROSPECTOR 

the  decision  against  me  with.  ,And  therefore,  it  makes  it  very 
easy  for  me  to  prove  the  above  stated  evidence  to  be  a  fact. 
By  simply  making  the  evidence  so  clear,  plain  and  explicit  so 
as  not  to  leave  a  shadow  of  a  doubt  in  the  minds  of  the  jury. 
By  simply  proving  the  fact  that  all  of  my  previous  habits  and 
in  all  of  my  writings  and  speaking  to  the  people  of  this  grand 
nation  that  I  was  born  in  proves  that  I  have  been  in  the  habit 
of  teaching  the  same  doctrine  that  Ragnar  Red-beard  teaches 
in  his  book  that  everyone  shaulcl  read,  entitled,  ''Might  is 
Right/' 

He  says  in  a  verse : 

"Cursed  is  he  that  believeth  in  good  and  evil, 
For  he  is  frightened  by  shadows. 
Blessed  is  he  who  believeth  in  nothing, 
Never  shall  it  terrorize  his  mind." 

All  of  my  habits  that  I  frequently  resort  to  proves  that  all 
of  my  writing  and  speaking  teaches  this  doctrine  above  stated, 
and  also  proves  that  the  above  testimony  that  was  given  at  the 
hearing  of  the  protest  of  June  6th,  1912,  has  been  changed  with 
the  cowardly  pen  that  they  used  in  writing  the  frameup  that 
did  decide  against  me  in  the  decision.  For  no  other  reason  than 
for  the  purpose  of  slandering  my  character  by  scandalizing 
my  good  habits,  reputation  and  name.  That  it  has  taken  me 
years  to  shape  and  form  my  habits  and  it  ?s  a  natural  result 
that  I  frequently  resort  to  "them  all  the  while  they  do  linger 
with  me  until  death,  and  they  cannot  be  changed  by  any  Com- 
missioner through  the  power  of  belief  and  make  it  a  settled 
fact  with  his  cowardly  pen  that  we  must  all  believe  it  to  be 
so,  that  settles  it  that  it  is  so.  I  have  more  respect  for  a  man 
that  will  come  up  and  rob  me  with  the  point  of  a  gun,  for  he 
grants  me  the  privilege  jto  defend  myself.  But  a  dirty,  cow- 
ardly cur  that  will  creep  up  to  you  without  giving  you  a  ghost 
of  a  show  for  your  life,  whenever  he  undertakes  to  rob  you  at 
the  point  of  his  cowardly  pen. 

(In  reply  please  refer  to  Spokane  03838  "\"   |IT>  1   x  2  x. 
Department  of  the   Interior,   General   Land   Office,   Washington,    Tulv 

1,  1913. 
Mr,  John  T.  Melich.  Boyds,  Washington. 

Sir:      In    reply   to   your   letter   of    Juno  •  16,    1913,   you   ;\rc   advi-i. 
that  you  should,  at  once,  appeal  to  the  Secretary  of  tin-   h  u-rior  from 


THE  TROUBLES  OF  A  PROSPECTOR  123 

the  decision  of  this  office  of  May  27,  1913,  in  your  contest  case  against 
John  S.  "JYletzgar,  involving  the  Jailer's  homestead  entry,  Spokane 
03838,  holding  the  land  to  be  nonmineral  in  character,  in  case  you  feel 
that  an  injustice  has  been  done  you;  or  your  rights  in  the  premises 
will  be  foreclosed. 

Very  respectfully, 

C.  W.  BRUCE, 
6-27-13  cw  Assistant  Commissioner. 

(In  reference  to  Spokane,  03838  "N"  J.  P.  B    1.x.) 

Boyds,   Ferry  Co.,  Washington.,     July  21    1913. 
Secretary   of   the    Interior,    General    U.    S.    Land    Onice,   Washington, 

D.  C. 

Sir:  For  an  answer  in  return  to  your  letter  dated  July  1,  1913, 
if  I  must  say  it,  your  letter  is  therefore  very  far  from  being  a  per- 
fect and  distinct  answer  to  my  registered  letter  Xo.  B  32,  P.  O., 
Boyds,  received  for  register  June  16,  1913,  from  J.  T.  Melich,  weight 
6/2  ounces,  addressed  to  the  Secretary  of  the  Interior  of  Washing- 
ton, D.  C.  Receipt  desired.  Postmaster  per  E.  Alexander,  also  a 
copy  of  the  hearing  of  the  protest  of  Tune  6,  1912.  Spokane,  Wash  , 
explaining  all  of  the  main  detail  substance  that  bad  transpired  at  the 
hearing  of  the  protest,  consisting  of  43  sheets,  was  inclosed  in  the 
letter  above  mentioned  and  did  not  receive  an  answer  yet  in  regards 
to  the  copy  of  43  sheets  dated  April  15,  1913,  that  was  enclosed  in  the 
letter  above  mentioned.  I  have  demanded  that  the  copy  of  43  sheets 
must  be  returned  to  me,  as  soon  after  you  have  put  your  mark  on  all 
of  the  evidence  stated  in  this  copy  of  mine  of  43  sheets,  that  is  or  is 
not  stated  in  your  record  of  the  hearing  of  the  protest  and  the  same 
above  statement  is  stated,  in  the  copy  of  43  sheets.  In  your  letter 
dated  July  1,  1913,  you  have  not  mentioned  one  solitary  word  of  what 
action  you  have  taken  on  this  copy  of  mine  above  mentioned.  Wheth- 
er you  intend  to  keep  this  copy  of  mine  or  return  the  copy  of  43 
sheets  back  to  me.  is  a  question  unanswered.  Let  me  tell  you  right 
here  that  I  have  put  in  my  hard  labor  and  vauable  time  in  accumalat- 
ing  all  of  the  evidence  stated  in  this  copy  of  mine,  ever  since  the  time 
that  T  had  first  discovered  that  the  evidence  of  the  hearing  of  the 
protest  of  June  6,  1912.  at  Spokane,  Wash.,  had  been  reframed.  I 
had  no  other  way  of  obtaining  a  true  copy  of  the  hearing  of  the  pro- 
test. I  want  you  to  return  the  above  copy  of  43  sheets  mentioned  in 
the  copy  back  to  me.  I  have  to  have  the  copy  back  before  I 
can  take  any  further  action  in  this  matter.  I  have  to  have  the  copy 
back  to  base  my  matter  on.  By  you  not  saying  anything  about  the 
copy  in  your  letter  dated  July  1,  1913,  only  gives  evidence  that  you 
are  al  together  constructing  some  kind  of  smokey  framework  against 
me.  By  the  strong  act  of  your  action  of  restrain  and  refraining  to 
let  me  know  anything  about  my  copy  of  43  sheets  and  other  valuable 
of  consideration  of  mine  that,  your  Commisioners  are  in  posesion  of, 
in  the  decision  rendered  May  27,  1913,  you  have  commanded  me  to 
appear  with  service  in  my  appeal.  How  many  different  times  have. 
I  got  to  tell  you  that  I  have  no  money  to  hire  a  lawyer.  If  this  law 


124  THE  TROUBLES  OF  A  PROSPECTOR 

suit  was  not  on  my  claims  I  would  have  had  parties  interested  with 
money  that  would  have  spent  their  time,  labor  and  money  in  the  de- 
velopment of  my  mining  claims,  and  who  would  have  pui  the  ore  on 
the  market.  And  I  do  not  intend  to  approach  these  gentlemen  with  a 
law  suit,  or  in  other  words,  who  is  it  that  wants  to  buy  a  law  suit 
that  has  been  on  my  mining  claims  for  very  near  two  years  now.  As 
it  has  been,  I  can't  do  anything  in  the  line  of  getting  money  on  my 
mining  claims  from  those  parties  that  would  be  interested  in  my 
mining  claims  if  this  law  suit  was  not  on  my  mining  claims.  There- 
fore, 1  have  no  money  to  hire  a  lawyer  that  would  hove  attended  to 
this  matter.  I  wrote  you  a  letter  dated  April  1,  1913,  but  did  not  get 
an  answer  from  the  letter  yet.  I  wrote  you  another  registered  let- 
ter dated  April  21,  1913,  end  1  demanded  a  receipt  on  this  letter  that 
I  have  never  yet  received  an  answer  to  the  letter  dated  April  21,  1913. 
stating  to  let  me  know  if  the  constitution  of  thh-  country  that  I  was 
born  in  gives  me  the  right  to  defend  myself  in  self-defense  in  this  mat- 
ter cf  protest  and  appeal  cases  without  money  enough  to  hire  a  law- 
yer to  attend  to  this  matter  of  my  protest  and  appeal  cases.  But  I 
did  not  get  an  answer  yet  from  the  above  statement  By  you  not 
claiming  that  you  have  received  those  letters  and  the  copy  of  43  sheets 
that  are  mentioned  in  this  letter,  this  action  of  yours  is  forcing  me 
to  spend  unnecessary  time,  labor  and  money  by  compelling  me  to 
do  extra  writing  and  forcing  me  to  register  my  letter  to  you.  This 
is  getting  time,  labor  and  money  from  me  under  false  pretenses 
through  the  mail  and  this  above  action  gives  me  evidence  that  all  or 
the  Commisioners  that  have  had  anything  to  do  with  this  matter  of 
these  cases  of  mine  from  start  to  finish.  They  have  all  been  preju- 
diced against  me.  T  have  arrived  at  the  conclusion  that  I  might  as 
well  plead  my  case  to  a  cast-iron  statue  of  a  human  figure  or  an  ani- 
mal in  marble  or  in  bronze,  I  would  receive  just  about  as  much  ac- 
knowledgement or  as  much  recognition  as  I  have  been  so  far  re- 
ceiving by  those  wolves  dressed  up  in  a  sheep  clothing,  who  think 
they  know  it  all.  They  are  the  brother  to  the  animals  who  think 
that  we  have  reached  the  limit  of  progress  and  that  there  must  be  no 
change.  When  you  have  not  yet  so  far  recognized,  my  truthful  evi- 
dence, how  do  you  expect  me  to  recognize  vour  fictitious  evidence 
based  on  dictation  when  the  constitution  of  this  country  that  I  was 
born  in  commands  or  demands  a  warrant  guarantee  that  there  must 
be  given  equal  recognition  on  both  sides  of  the  case  to  every  person, 
which  has  not  been  given  to  me  in  these  cases  oi  mine  and  the  same 
shows  evidence  that  you  are  all  prejudiced  against  me  in  the  matter 
of  my  cases.  If  this  is  not  so  why  should  ynr.r  commissioners  who 
have  nothing  to  conceal,  shrink  from  the  fullest  investigation  'n  Hie 
matter  of  this  case.  Geese  are  not  such  fools  as  to  choose  foxes  to 
rule  over  them  and  decide  what  should  be  rii^ht  or  wrong  lor  them. 
Then  why  do  you  so  urgently  insits  upon  me  to  choose  foxed  minded 
men  that  are  prejudiced  against  me  to  rule  over  me  and  decide  that 
what  should  be  right  and  what  should  be  wrong  for  me  in  the  matter 
of  my  protest  and  appeal  cases.  My  assessment  work  for  mv  live  miu- 


THE  TROUBLES  OF  A  PROSPECTOR  125 

eral  claims  comprising  the  Grenhorn  Group  of  claims  for  the  lasi 
two  years  has  all  been  done  on  the  Grenhorn  Mineral  Claim.  My 
improvement  on  the  Greenhorn  Mineral  Claim  all  told  up  to  the  pres- 
ent time  amounts  to  about  $1400.00  (fourteen  hundred  dollars)  and 
my  improvements  on  my  live  mining  claims  all  told  up  to  the  pres- 
ent time  amounts  to  over  $4000.00  (four  thousand  dollars).  On  the 
27th  day  of  May  in  the  proposed  year  of  our  Hebrew  madman  the 
Gawd  the  king  of  the  slaves  who  for  ages  of  centuries  of  1913  has 
been  the  destroyer  of  liberties,  I  have  been  taught  this  from  child- 
hood up  until  the  present  time,  and  I  have  never  yet  learned  any- 
thing different  of  him  yet  only  that  his  mother  was  virgin  and  a  man 
she  never  knew,  his  mamma  age  was  just  fourteen  and  the  Holy 
Ghost  had  al  he  could  do  and  that  he  was  a  Gawd  and  performed 
some  great  miracles.  Something  silimar  to  that  of  the  Super-natural 
Creatures  of  the  Commisioners  have  had  performed  at  the  above 
time  mentioned  without  ever  sending  a  U.  S.  Deputy  Surveyor  of 
Mineral  Claims  down  here  to  examine  the  Greenhorn  Mineral  claim 
as  to  its  formation  and  character  of  mineral.  This  was  all  that  was 
needed  to  be  done,  which  would  have  had  settled  the  whole  matter 
of  this  case  long  ago,  and  $50.00  (hfty  dollars)  should  have  been  more 
than  enough  to  pay  for  this  little  piece  of  work,  which  would  be 
three  times  as  much  as  any  ordinary  skilled  laborer  would  get  for 
the  same  amount  of  work  and  would  have  been  a  great  deal  less 
money  than  John  S.  Metzgar  paid  to  the  Commissioners  and  lawyers 
in  this  law  suit.  Now  the  question  is.  why  is  it  that  Metzgar  did  not 
send  down  a  U.  S.  Deputy  Surveyer  that  would  have  had  inspected  the 
Greenhorn  Mineral  Claim  as  to  its  formation  and  character  of  miner- 
al, who  would  have  stated  the  facts  just  as  they  are,  as  to  the  charact- 
er of  mineral  on  the  Greenhorn  Claim  for  less  money  than  what  Metz- 
gar had  paid  out  to  the  Commissioners  and  his  lawyer  that  Mr.  Hal 
J.  Cole  advised  me  to  hire.  Why  is  it  that  Metzgar  did  not  send 
down  an.  U.  S.  Deputy  Surveyer  who  would  have  decided  in  his  fa- 
vor? That  is  if  the  character  of  the  land  on  the  Greenhorn  Mineral 
Claim  is  non-mineral,  as  John  S.  Metzgar  together  with  his  lawyer 
and  the  Commissioners  who  all  claim  that  it  is  non-mineral  when 
Metzgar  could  have  settled  the  whole  matter  of  the  case  long  ago 
right  on  the  start  for  a  great  deal  less  money,  riot  saying  anything 
about  the  valuable  time,  labor  and  arilroad  tickets  expense  and  wit- 
neses  fees.  Why  is  it  you  all  did  riot  send  the  mineral  expert  who  is 
especially  qualified  by  the  study  and  practice  of  this  kind  of  work 
and  who  would  have  decided  for  less  money  in  Metzgar's  favor,  that 
is  if  the  land  is  non-mineral  as  the  mobolizecl  mob  claim  it  is.  In- 
stead of  doing  the  above  mentioned,  these  creatures  by  the  aid  of 
their  super-natural  powers  have  done  the  miracle  by  the  wonderful 
act  that  they  have  proposed  to  change  the  character  of  the  land  on 
the  Greenhorn  mineral  claim  from  the  formation  of  mineral  to  the 
formation  of  non-mineral.  Just  what  I  had  told  them  they  would  do 
in  my  letter  dated  April  1,  1913.  Now  that  they  have  done  the  great 
wonderful  act,  by  the  aid  of  their  super-natvireal  powers,  and  the 
wonderful  act  in  performing  this  splendid  illustrious  and  glorious 


126  THE  TROUBLES  OF  A  PROSPECTOR 

miracle,  by  simply  changing  the  formation  on  the  Greenhorn  Mineral 
Claim  -i.ro  m  mineral  to  non-mineral.-  it  must  be  proposed  by  all  of 
the  people  of  this  whole  universe  that  the  rugged  mountain  with  the 
mass  of  melted  ore  right  in  between  two  well  defined  walls  that 
measure  over  two  and  a  -half  feet  wide,  right  on  the  apex  of  the 
Green  Mineral  Claim,  and  this  above  mineral  lead  mentioned  stands 
about  1200  feet  higher  than  John  S.  Metzgar's  House  and  Meizgp.r's 
house  stands  on  a  hill  from  lower  ground  of  his.  And  now  this 
rugged  mountain  above  mentioned  together  with  its  -timber,  stone 
and  marble  by  the  act  of  their  marvelous  miracle  that  it  is  now  pro- 
posed to  have  all  disappeared  off  of  the  face  of  the  Earth,  so  as  that 
the  mineral  lead  of  ore  on  the  apex  of  the  mountain  of  the  Greenhorn 
Claim  is  invisible  to  any  finite  mind.  By  their  wonderful  act  this 
mountain  now  is -proposed  by  these  creatures  to  be  hewn  down  until  it 
has  leveled  up  the  valley's  level  with  hills  and  higher  ground.  And  now 
it  is  proposed  by  these  creaiures  of  Commissioners  that  they  have 
wonderfully  made  a  splendid  piece  of  rich  tillable  cultivating  piece 
of  land  without  a  proposed  stone  on  it.  Out  ol  this  rugged  mountain 
above  mentioned.  Oh,  but  it  must  be  proposed  by  everyone  that  it 
is  a  marvelous  act  to  perform  such  a  great  miracle  which  is  proposed 
to  be  done  by  these  Supernatural  creatures  for  money. 
It  is  all  the  same  that  our  Hebrew  madman  lias  done.  They  say 
he  fed  the  hungry  in  a  land  of  milk  and  honey,  lie  only  encouraged 
the  lazy  so  as  they  did  not  get  any  money.  He  could  not  leave  the 
dead  alone,  he  even  raised  the  dead.  He  breathed  life  into  molded 
bones  and  did  miracles  instead.  Isn't  she  a  peach — a  rotten  peach  ? 
Oh,  would  that  1  had  money  enough  to  piv  those  wonderful  creatures 
for  the  purpose  of  performing  their  very  astonishing  miiaclc  again, 
or  in  other  words,  to  do  the  miracle  again,  th<  t  is  if  they  would  only 
transform  the  formation  on  the  Greenhorn  Mineral  claim  back  again 
to  its  natural  state  of  formation,  that  wuold  ;-how  up  the  same  rug- 
ged mountain  with  its  timber  stone  and  with  its  hanging  walls  of 
marble  cliffs  also  with  its  mineral  lead  of  melted  ere  that  measures 
two  and  a  half  feet  wide  right  in  between  two  well  defined  walls  and 
stands  right  on  the  apex  of  the  high  mountain  of  the  Greenhorn  Min- 
eral Claim,  and  by  taking  a  (peak)  from  this  lead  of  melted 
mineral  ore  with  an  observation  of  the  eye,  any  person  with  an  ordin- 
ary eye  sight  can  see  towns  that  are  twenty  miles  away  and  by  sur- 
veying the  splendid  views  with  the  eye  sight  for  miles  all  around  the 
whole  surrounding  country  for  miles  in  a  circle,  anyone  would  arrive 
at  the  conclusion  right  away  that  the  charcter  of  the  views  of  the. 
scenery  of  the  Indscape  is  intensely  interesting  to  look  at.  Oh,  would 
that  T  had  money  enough  to  pay  trios*-  creatures  to  perform  the  mir- 
acle again  by  the  act  of  their  wonderful  super-natural  powers. 

Oh,  say  Commisioners.  it  would  be  so  nwful  nice  to  see  the  rug- 
ged mountain  changed  back  again  to  its  natural  stnte  of  formation 
again.  I  know  that  you  creatures  can  do  the  miracle  if  T  had  moin'y 
enough  to  pay  you  for  doing  it.  for  no  one  knows  what  a  I  It-brew  Mnd- 
man  can  do  with  those  Super-natural  Powers  of  theirs  until  he  p:iys 
them  for  doing  the  miracle. 


THE  TROUBLES  OF  A  PROSPECTOR  127 

The  decision  rendered  in  my  favor  by  Mr.  Hal  J.  Cole,  Register, 
and  Mr.  L.  B.  Nash,  Receiver,  August  27,  1912,  of  the  U.  S.  Land  oi- 
tice,  Spokane,  Washington,  was  clone  for  no  other  purpose  only  to 
make  Metzgar  pay  $50.00  for  the  privilege  of  making  an  appeal  to 
the  Commisioners  of  the  U.  S.  Land  Office  of  Washington,  D.  C. 
and  also  getting  the  lawyers  fees  that  Metzgar  had  engaged  in  his 
service  to  attend  to  the  matter  of  this  case,  which  I  do  not  know 
how  much  it  was,  that  he  did  pay  to  his  attorney,  Mr.  N.  D.  Walling. 
This  is  the  lawyer  that  Hal  J.  Cole  appointed  for  me,  and  advises 
everyone  to  hire,  especially  in  all  matters  of  law  that  comes  up  be- 
fore him  in  his  office,  which  is  the  'J.  S.  Land  Office  of  Spokane, 
Washington.  And  this  is  the  lawyer  that  Mr.  Hal  J.  Cole  has  so 
urgently  insisted  by  advising  me  to  hire  right  before  two  witnesses 
and  went  so  far  as  to  command  the  lady  stenographer  to  wri^e  me 
out  his  address  on  a  little  slip  of  paper  that  the  address  had  taken  up 
all  of  the  room  that  was  on  the  paper,  address  as  folows:  N.  D.  Wall- 
ing, 309  Empire  Bldg.,  Spokane,  Wash.  This  is  Hal  J.  Cole's  particu- 
lar beloved  favorite  lawyer;  who  is  regarded  by  Hal  J.  Cole  with 
kindness  and  preference  to  any  other  lawyer  that  anyone  wished  to 
hire.  Mr.  Hal  J.  Cole  and  his  lawyer,  Walling,  together  with  all  of 
the  Commisioners  that  have  anything  to  do  with  the  matters  cf  this 
protest  and  appeal  cases,  as  all  of  the  evidence  so  far  clearly  and  dis- 
tinctly shows,  so  that  it  has  now  become  a  fact  that  they  all  solemnly 
agreed  that  they  would  render  the  first  decision  of  this  protest  case 
to  John  T.  Melich  and  the  same  was  dons  on  August  27,  1912.  Then 
we  can  work  John  S.  Metzgar  out  of  some  money  which  has  been  done 
for  the  privilege  of  letting  him  make  an  appeal  for  the  money  paid 
with  the  understanding  of  this  mobolized  mob  that  they  would  re- 
frame  the  evidence  of  the  hearing  of  the  protest  of  June  6,  1912, 
Spokane,  Washington  and  in  such  a  fashion  of  mode  and  manner  that 
would  render  the  next  decision  of  Metz.  gar's  appeal  to  the  commis- 
sioners of  the  U.  S.  General  Land  Office  of  Washington,  D.  C.  to- 
Metzgar.  Now  that  this  above  decision  was  rendered  co  Mo.lzgar, 
May  27,  1913,  for  the  money  that  he  had  paid  for  having  it  completely- 
accomplished  and  by  refraining  of  the  evidence  that  was  given  at  the 
hearing  of  the  protest  on  June  6,  1912,  Spokane,  Wash.  It  was  agreed 
to  by  the  whole  above  mentioned  mobolized  mob  above  mentioned. 
They  all  agreed  that  it  was  necessary  that  it  ?hr,ula  be  done  for  the 
simple  reason  so  as  the  records  in  the  U.  S.  Land  Office  of  Washing- 
ton, D.  C.,  will  plainly  show  that  I  had  no  case  in  the  hearing  of  the 
protest.  W7hy  is  it  that  the  commisioners  of  Washington  are  all  so 
earnestly  and  eagerly  insisting  upon  me  that  T  should  at  once  make 
an  appeal  to  the  Secretar}^  of  the  Interior?  Why  is  it  that  the  secre- 
tary of  the  interior  is  so  boldy  refusing  and  declining  to  put  his 
mark  on  all  of  the  evidence  stated  in  the  copy  of  forty-three  sheets, 
that  had  transpired  at  the  hearing  of  the  protest  of  June  6,  1912.  That 
is  or  is  not  stated  in  the  evidence  that  he  has  on  his  record  of  the 
hearing  of 'he  protest.  Why  is  it  that  the  secretary  tf  the  Interior 
so  fiercely  and  ferociously  declines  to  let  me  know  anything  about 
the  records  of  the  hearing  of  the  protest  of  June  6,  1912?  Why  is  it 


128  THE  TROUBLES  OF  A  PROSPECTOR 

that  the  secretary  of  the  Interior  is  so  villiany  and  refuses  to  let  me 
know  anything  about  my  copy  of  the  hearing  of  the  protest  of  forty 
three  sheets  as  stated  in  this  letter?     Why  is  it  that  the  secretary  of 
the   Interior   does   not  claim  that  he   did   receive  any   copy  of  forty- 
three  sheets? 

This  only  gives  evidence  that  the  secretary  of  the  Interior  is  pre- 
judiced against  me  and  this  is  the  gentleman  that  you  all  are  urgently 
impressing  the  stamp  upon  my  mind  that  I  should  at  once  appeal  my 
case  to  the  gentlemen  above  mentioned. 

There  was  a  time  a  short  while  back  when  I  did  think  that  when 
the  Democrats  got  into  power  that  there  would  be  a  little  justice  given 
to  me,  in  the  matter  of  my  protest  and  appeal  cases  and  I  did  make 
some  remarks  to  outside  parties  in  regard  to  these  cases,  by  me  say- 
ing to  them  that  I  thought  when  the  Democrats  take  die  repuolican 
chair  the  democrats  would  not  want  anything  better  than  to  investi- 
gate these  protest  and  appeal  cases  of  mine,  which  would  of  given  the 
republicans  their  just  dues  by  ousting  them  out  of  their  office  for 
their  dirty,  filthy  work  that  they  have  been  doing  in  the  above  cases, 
as  they  have  been  described,  but  I  cannot  see  a  particle  of  difference 
in  my  cases  since  the  democrats  went  into  office  and  I  justly  or 
honestly  think  that  it  will  be  the  same  thing  when  the  Socialist  party 
get  into  office  only  that  there  will  be  two  distinct  different  sets  of 
government,  that  will  be  antagonized  and  opposed  to  one  another 
one  set  of  govenment  will  be  made  up  of  law  making  who  will  tell 
the  industrial  administration  how  it  should  be  done  by  man  made 
lawes.  Or  in  other  words,  to  make  it  more  plainer,  any  working  man 
of  an  expert  and  who  is  specially  qualified  by  the  practice  of  contin- 
uously using  the  square  to  all  kinds  of  different  work  and  who  must 
be  fair  and  honest  in  evening  up  and  adjusting  so  that  there  is  no 
balance  left  which  will  show  plain  that  his  work  is  exactly  suitable 
and  true  in  all  of  his  actions  of  his  workings. 

Such  a  gentleman  does  not  need  any  socialist  political  actor  who 
never  saw  a  square  that  he  could  read  to  make  laws  that  will  tell  the 
gentlemen  with  the  square  how  everything  should  be  squared  up  by 
his  man  made  laws.  The  same  thing  may  be  said  about  the  gentle- 
man with  the  level.  He  knows  enough  how  to  keep  everything  lev- 
eled up,  he  does  not  need  a  political  actor  who  never  sa\\*  a  level  to 
make  laws  that  would  tell  him  how  it  should  be  done  by  his  man  made 
laws  and  all  of  the  above  same  thing  may  be  said  about  the  gentleman 
with  the  plumb — he  knows  enough  how  to  kep  everything  balanced  up 
and  how  to  adjust  everything  to  a  plumb  line,  he  does  not  need  a 
political  actor  that  has  never  seen  a  plumb  to  make  laws  that  would 
tell  him  how  it  should  be  done  by  his  man  made  artificial  statued 
laws.  This  is  the  end  of  the  letter. 

(Signed)   JOHN   T.   MEUCH. 

P.  S.  But  !  think  to  add  a  little  more  to  the  above  statement  that 
I  did  not  think  of  putting  in  the  above  letter  described,  until  after 
the  letter  was  securely  sealed,  that  1  should  of  put  in.  Or  in  other 


THE  TROUBLES  OF  A  PROSPECTOR  129 

words,  in  order  to  give  a  little  more  light  on  the  above  illustration; 
in  the  letter  and  I  do  hope  with  the  expctation  of  this  littl  spark  of 
Hgh  in  the  very  near  future  that  there  will  proceed  thunder  that  will 
purify  and  will  exterminate  the  unfit  barbarism  of  political  action  oft 
of  the  face  of  the  earth.  What  does  the  industrial  workers  of  the 
world  need  a  set  of  tax  gathers  for  anyhow,  who  produce  nothing 
hut  consume  three-fifths  of  the  riches  that  labor  produces  and  all  we 
get  back  in  return  is  man  made  artificial  statue  laws  which  is  nothing 
more  than  simply  mere  mockery.  There  never  yet  was  a  statesman 
at  his  best  that  caught  and  preserved  the  inter  musical  charms  of  all- 
that  is  in  natures  beauty  in  everything  and  all  things,  the  living,  the 
breathing,  the  actions  and  re-actions  of  universal  laws  that  we  should 
obey  and  be  in  harmony  with  before  ever  we  will  be  able  to  produce 
the  melodous  tones  of  peace,  friendship  and  which  can  only  be  gotten 
by  fighting  in  the  struggle  for  existence. 

Put  no  trust  in  princes  is  a  saying  old  and  true 

Put  no  hope  in  governments  translated  it  anew. 

All  books  of  laws  and  golden   rules  are  fashioned  to  betray 

The  survival  of  the  strongest  is  the  gospel  of  today. — Redbeard. 

Might  is  right  is  a  book  that  everyone  should  read,  price  50  cents 
Sclcl  by  Thurland  &  Thurland,  Evanston,  Chicago,  111. 

About  ten  years  ago,  in  Spokane,  Washington,  Iput  a 
question  before  a  great  Socialist  speaker  at  a  Convention  held 
in  that  city  and  who  was  running  for  a  Judge  at  that  time. 
Xow  mind  you,  if  he  got  elected  to  the  office  right  there  and 
then  he  would  be  compelled  to  point  out  to  the  people  or  to  de- 
clare to  them  what  is  just  and  lawful  to  them.  Therefore,  he 
must  compare  facts  before  he  is  able  to  determine  the  truth  in 
order  that  he  may  be  able  to  form  or  pass  an  opinion  in  answer- 
ing any  question  that  would  distinguish  right  from  wrong.  He 
must  be  able  to  decide  to  give  the  right  answer  to  any  question 
before  he  should  be  allowed  to  pass  sentence  on  any  question. 
Here  is  the  question  that  I  put  to  him  to  answer: 
"If  it  is  necessary  that  the  Industrial  Workers  of  the 
World  has  got  to  have  political  actors  to  transact  their  busi- 
ness of  the  World,  would  it  not  be  much  better  to  hire  them  in- 
stead of  electing  them  and  thereby  save  all  the  time,  labor  and 
money  that  is  wasted  on  every  election  in  electing  the  political 
actors  into  the  palaver  houses  and  put  them  under  competition 
the  same  as  every  other  man  who  works  and  give  the  person 
lh<'  job  that  would  give  the  best  service  for  the  least  money 
and  the  minute  that  you  can  get  a  person  that  would  give  bet- 


130  THE  TROUBLES  OF  A  PROSPECTOR 

ter  service  for  their  money  fire  him  and  give  the  other  fellow 
the  job.  If  such  was  or  ever  had  been  or  ever  should  become 
such  existing  conditions  upon  the  economic  field  it  would  not 
be  long  until  you  would  see  that  time  would  bring  such  a 
change  that  someone  would  be  willing  to  do  the  President's 
work  for  $1000.00  per  year.  Again  it  would  not  be  long  be- 
fore someone  would  be  willing  to  do  it  for  the  honor  of  the 
position  and  again  it  would  not  be  long  before  someone  would 
say  "See  here,  you  have  got  to  fight  a  deul  with  me  before  I 
will  let  you  do  the  President's  work  for  the  honor.  Let  the 
best  man  win  the  office." 

The  politician  that  T  put  this  question  to  answered  by 
saying;  "Who  would  do  the  hiring :'  "Well,  I  said,  if  I  can't 
hire  you,  I  will  vote  for  you."  A  short  time  ago,  I  put  the  same 
question  before  another  Socialist  politician  who  was  running 
for  a  high  office.  After  he  got  through  speaking  his  socialism 
to  large  audiences  in  Spokane,  Washington,  I  put  the  question 
above  mentioned  to  him  and  how  do  you  think  he  answered 
it?  His  answer  was  this :  "I  will  let  you  answer  that  question 
by  fighting  the  duel."  I  wanted  to  tell  that  if  such  should  ever 
be  the  existing  condition,  I  would  assure  you  that  I  would  put 
a  bid  in  the  ring  of  the  economic  field,  what  1  would  do  the 
President's  work  for,  but  I  could  not  get  this  answer  .in  lan- 
guage that  he  put  to  me  to  answer  as  a  question. 

I  say  let  the  Industrial  \Vorkers  of  the  World  make  their 
own  lawrs  right  in  their  own  Union  and  when  they  will  all 
come  and  act  together  they  will  undertsand  the  actions  of  all 
the  different  fundamental  principles  of  the  rudiment  of  the  ele- 
ments that  exist  and  they  Avill  know  best  how  they  should  be 
treated  in  the  application  of  remedies  of  natural  laws  that  they 
come  in  contact  with  one  another  that  would  give  the  best 
results  to  all.  And  they  will  know  enough  to  operate  their  in- 
dustrialism on  the  lines  of  least  resistance,  based  upon  rules 
and  regulations  of  universal  laws.  My  opinion  is  that  the  'id- 
ministration  of  industrialism  is  social  ownership  only  as  far 
as  material  interest  extends  itself  to  wh<>m  ever  it  may  con- 
cern to  have  an  interest  in  the  business  in  the  industry  that  he 
is  employed  in  and  gives  his  steady  attention  in  the  business 
that  concerns  him  the  most. 

Now  if  we  are  going  to  put  a  bridge  avross  a  large  swift 


THE  TROUBLES  OF  A  PROSPECTOR  131 

current  of  a  running  stream  of  water,  the  building  of  this 
bridge  becomes  the  business  of  every  person.  That  is  as  far 
as  every  persons  material  interest  extends  itself  to,  whom  ever 
it  may  concern  to  have  the  bridge  built  across  the  river  or 
running  stream  of  water.  Now  if  they  would  all  split  up  into 
117  different  craft  unions  with  117  different  sets  of  officers,  all 
drawing  a  salary  from  $5  to  $25  a  day  for  no  other  purpose 
only  to  keep  the  workers  split,  so  as  they  will  all  fight  one  an- 
other instead  of  all  working  and  fighting  together  in  one  big 
union  in  order  to  be  in  a  position  to  build  the  bridge  or  other- 
wise the  bridge  cannot  and  will  not  ever  be  biult  as  long  as 
the  workers  are  split  up  into  117  different  craft  unions  for  the 
purpose  of  fighting  one  another.  They  are  not  organized  right 
to  bulid  the  bridge  across  the  river — they  are  not  organized 
right  so  they  can  fight  right  because  they  are  not  in  a  position 
so  as  they  can  do  something  and  they  can  not  do  anything  and 
these  117  different  craft  unions  have  got  it  yet  to  learn.  Now 
then  if  every  person  whose  business  it  is  to  have  a  bridge  that 
is  as  far  as  their  material  interest  extends  itself  to  whomso- 
ever it  may  concern  to  build  the  bridge  across  the  river,  would 
get  in  one  big  union  and  all  work  together  and  all  fight  to- 
gether with  the  motto  that  an  injury  to  one  is  an  injury  to  all, 
the  energy  wasted  by  the  force  of  power  and  the  spirit  that  is 
exerted  through  the  method  of  fighting  one  another  would 
more  than  pay  for  the  labor  that  it  would  take  to  build  the 
bridge  across  the  above  stream  or  river  mentioned. 

Craft  unions  were  built  up  on  the  hand  tools,  the  hand 
tools  have  ceased  to  exist,  they  have  outlived  themselves,  the 
craft  unions  they  have  fulfilled  their  mission,  they  are  no  long- 
er fit  for  the  present  enviornment  surrounding  conditions  un- 
der which  we  now  live.  The  trade  unions  cannot  serve  the 
working  class  today.  They  are  unions  that  are  kept  up  for  the 
purpose  of  not  being  in  the  interest  of  the  workers  who  support 
them,  in  the  interest  of  the  unfit  ruling  class  who  exploit  the 
workers  who  support  them  and  therefore  the  trade  unions  are 
exceedingly  very  useful  to  the  unfit  ruling  class.  They  are  the 
foes  and  not  the  friends  of  the  working  class.  Let  ail  of  the 
workers  get  into  one  big  union  and  then  they  will  be  in  a  po- 
sition to  fight  the  exploiting  unfit  ruling  class  with  some 
chance  of  success  of  winning  the  fight.  Let  the  best  class  of 


132  THE  TROUBLES  OF  A  PROSPECTOR 

men  win  in  the  struggle  between  the  exploiting  ruling  class 
and  the  exploiting  wage  slave  workers  and  that  this  class  strug- 
gle will  not  end  until  the  unfit  ruling  class  shall  be  righteous- 
ly exterminated  and  the  wage  slave  system  wiped  out,  then  on- 
ly will  there  be  an  end  to  the  exploition  unfit  class  rule.  This 
cannot  be  done  until  all  workers  will  boy  cot  and  combine  to- 
gether in  one  big  union  and  not  have  any  more  dealings  with 
the  old  unfit  trade  unions. 

The  wage  slave  workers  have  an  overwhelming  majority 
— they  out-number  the  exploiting  class — they  should  have  the 
power  and  they  would  have  the  power  if  only  they  would  be- 
come conscious  of  their  material  interest  of  the  wage  slave 
class  struggle.  Every  effort  that  is  made  by  the  labor  fakers 
.in  the  trade  union  and  who  are  controled  anJ  influenced  by  the 
power  of  authority  of  the  exploiting  unfit  ruling  class  to  pre- 
vent the  wage  slave  working  man  from  seeking  the  class  strug- 
gle, the  labor  fakers  or  a  great  number  of  the  labor  leaders 
who  are  holding  office  in  the  trade  unions  agree  with  the  ex- 
ploiting unfit  ruling  class  that  there  is  no  such  struggle  as  a 
wage  slave  class  struggle  The  editors  in  the  employ  of  the 
unfit  daily  liars  agree  writh  the  ruling  class  and  echo  no  class 
struggle  in  the  morning  and  evening  daily  liars — all  of  them 
are  supported  by  the  exploiting  unfit  ruling  class — the  teachers, 
the  professors  and  the  ministers  are  all  supported  as  obrve 
mentioned  and  they  al!  agree  with  the  exploiting  class  that 
there  is  no  class  and  all  echoes  a  mighty  voice  that  there  is  no 
class — that  there  is  no  class  struggle  and  fearlessly  object  to 
class  struggle  agitation  and  at  the  same  time  seek  to  establish 
class  rule  by  the  exploiting  unfit  ruling  class.  T!ie  Industrial 
"Workers  insist  that  there  is  a  wage  slave  class  struggle  for 
existence  and  that  it  is  ev.*ry  wage  slaves  material  interest  in 
this  whole  wide  wrorld  to  whomsoever  it  mnv  concern  to  join 
the  class  struggle  that  the  wage  slave  workers  must  recrgnize 
it  that  they  must  organize  upon  the  economic  field  upon  tin- 
basis  of  that  struggle  and  that  union  then  and  there  only  will 
be  in  a  position  that  gives  us  the  power  to  righteously  exterm- 
inate the  exploiting  unfit  ruling  class,  which  the  laws  of  na- 
ture demand  of  every  wage  slave  working  man  to  b«-  accom- 
plished. \Yc  must  obey  the  laws  of  nature  or  we  w'll  be  pun- 
ished with  the  consequences  that  follows  from  the  results  o»~ 


THE  TROUBLES  OF  A  PROSPECTOR  133 

the  exploiting  unfit  ruling  class  struggle  upon  the  economic 
field.  The  craft  unions  with  117  different  sets  of  officers  that 
are  supported  with  their  salaries  which  amount  to  almost  a 
half  million  dollars  a  year  are  not  in  a  position  to  accomplish 
that  which  the  laws  of  nature  demand  of  them  to  be  accomplish- 
ed, either  by  hook  or  crook.  Who  is  it  that  is  so  violently  oppos- 
ed to  the  Industrial  Workers?  Sure,  it  is  not  the  common  herd 
of  wage  workers — it  is  their  labor  fakers  who  are  holding  office 
of  the  trade  unions  and  why  are  they  so  fiercely  opposed  to 
one  big  union.  It  is  for  the  simple  reason  that  when  the  wage 
slave  workers  are  really  united  with  one  big  union,  a  great 
number  of  the  labor  fakers  who  are  holding  offices  in  the  trade 
unions  and  leading  the  herd  astray  will  be  out  of  an  office  job 
in  their  unions.  Therefore  they  dare  not  have  the  courage  to 
venture  to  teach  to  every  wage  slave  working  man  in  the  herd 
that  it  is  a  certain  true  undeniable  settled  fact  without  a  shad- 
ow of  doubt,  that  it  is  to  every  wage  slave  working  man's  own 
material  interest  as  far  as  their  material  interest  extends  it- 
self cl^ar  around  the  whole  brilliant  world,  whomsoever  it  may 
concern  to  get  in  one  big  union,  strong  to  prepare  to  final  fight, 
to  conquer  and  take  by  hook  or  crook,  the  whole  sweet  cake. 
To  get  our  right,  use  power,  for  might  is  right.  Organize 
right  and  then  we  will  have  the  might  to  fight  right. 
Los  Angeles,  Cal.,  442  S.  Los  Angeles,  St., 

March  9th,  1915. 
B.  H.  Williams,  Treasurer  of  Solidarity, 

112  Hamilton  Avenue,  Cleveland,  Ohio. 

;  Your  letter  dated  Feb.  19,  1915,  I  received.  In  reply 
thereto  I  received  the  return  of  my  money  from  you  in  the 
form  of  a  check  for  $150  and  also  the  return  of  the  writings  of 
rny  book  entitled,  "The  Troubles  of  a  Prospector." 

I  am  well  pleased  with  the  work  you  have  donated  to  me 
with  the  exception  of  two  letters  that  I  cannot  find.  One  dated 
Sept.  6,  1911.  I  do  not  care  so  much  for  this  one  above  men- 
tioned. P>ut  there  is  one  letter  dated  either  August  13  or  15, 
1913,  that  I  have  got  to  have.  It  is  numbered  on  the  back  No. 
255.  See  if  you  can  find  it,  and  also  the  letter  that  1  was 
going  to  send  to  the  President. 

If  I  could  remember  all  of  the  statements  that  are  stated 
in  that  letter  dated  August  13  or  15,  1913.  I  would  not  care 


134  THE  TROUBLES  OF  A  PROSPECTOR 

so  much  about  it.  But  1  can  not  remember  but  very  little  of 
the  statements  in  the  letter.  Also,  let  me  know  how  you  are 
geting  along  with  the  writing  of  the  book  that  you  said  you 
were  condensing.  Let  me  have  a  reply  as  soon  as  you  get  this. 
Yours  for  industrial  freedom, 

(Signed)  J.  T.  MELICH. 
112  Hamilton  Avenue, 

Cleveland,  Ohio,  U.  S.  A.,  March  19,.  1915. 
John  T.  Melich, 

442  S.  Los  Angeles  St.,  Los  Angeles,  Calif. 

Fellow  Worker:  Yours  of  the  9th  inst.  received  a  few 
days  ago.  My  day  for  letter  writing  is  Friday,  so  I  couldn't 
get  to  an  answer  before  today.  I  was  not  aware  that  any  of 
your  mss.  was  missing,  except  a  sheet  or  two  of  the  conclud- 
ing part,  which  I  was  unable  to  find.  I  knew  there  was  a 
sheet  or  two  missing  there,  but  as  I  remembered  it,  thought  it 
was  the  windup  of  your  argument,  and  could  probably  be 
replaced  without  much  difficulty.  I  cannot  find  anything  here, 
and  can't  account  for  its  loss,  unless  it  happened  when  the 
mss.  was  in  Chicago,  having  the  parts  copied  which  I  sent 
along  to  you  with  the  rest.  I  took  good  care  of  the  mss. 
around  here,  and  don't  see  how  it  could  have  been  misplaced. 
I  am  afraid  that  you  will  somehow  have  to  do  without  it,  or 
try  to  replace  it  yourslef.  Look  over  the  mss.  again  carefully, 
and  see  if  it  got  twisted  out  of  its  place  somehow.  If  I  should 
happen  to  find  it  here,  in  cleaning  up  among  my  papers,  will  of 
course  forward  same  to  you. 

Copy  of  the  part  I  have  condensed  for  you  will  be  sent 
in  the  near  future.     If  your  should  change  address,  keep  me 
informed   as   to  your   whereabouts.      Am    rather   preoccupied 
with  other  work  just  at  present,  but  won't  forget  you. 
Yours  with  best  wishes, 

B.  H.  WILLIAMS. 

Letter  parcel  No.  44.     P.  O.  Boyds,  Washington. 

Received  for  registration  August  15,  1913. 

From  John  Melich. 

Addressed  to  Secretary  of  Interior,  Washington,  f).  C. 

Receipt  desired.     First-class  postage  prepaid. 

Postmaster,  per  E.  Alexander 

This  is  a  duplicate  copy,  as  near  as  I  could  remember  the 


THE  TROUBLES  OK  A  PROSPECTOR  135 

wording  of  the  letter  above  mentioned  which  was  lost. 

Boyds,  Ferry  Co.,  Wash.,  Aug.  15th,  1913. 
Secretary  of  the  Interior, 

U.  S.  Land  Office  of  Washington,  D.  C. 

In  reference  to  Spokane,  03838  "N."  J.  P.  B.  Ix. 

Sir:  I  wrote  you  a  letter,  dated  April  1st,  1913.  Clearly 
and  plainly  stating  that  I  must  have  a  written  statement  from 
you  or  an  itemized  account,  or  best  of  all,  the  full  number  of 
the  samples  of  mineral  ores  and  assays.  And  1  want  you  to 
take  special  notice  that  the  notices  of  my  quartz  mineral  loca- 
tions applications  and  my  labor,  proofs  of  application  of  my 
filings,  that  I,  J.  T.  Melich,  did  introduce  in  evidence  at  the 
hearing  of  the  protest  03838,  June  6th,  1912,  Spokane,  Wash- 
ington. Let  me  tell  you  right  here  that  I  did  not  want  to 
leave  the  above  application  and  stipulation  of  a  contract  that 
Mr.  Metzgar  agreed  to  give  me  all  of  the  mineral  that  is  in 
under  the  ground  of  the  "Greenhorn  Claim,"  with  Hal  J.  Cole, 
Register  of  Spokane,  U.  S.  Land  Office.  But  Hal  J.  Cole 
requested  me  to  leave  the  above  application  and  contract  men- 
tioned, with  the  evidence,  with  the  agreement  that  he  guaran- 
teed the  above  application  and  stipulation  would  all  be  re- 
turned back  to  me  as  soon  as  the  decision  was  rendered.  And 
the  same  has  not  been  done.  Let  me  know  if  1  have  no  right 
to  know  something  about  this  matter  above  stated.  That 
you  claim  in  your  letter  of  Jan.  31,  1913,  that  the  above  matter 
has  all  been  forwarded  and  received  at  this  office  of  yours. 

In  the  copy  of  the  decision  rendered  against  me,  dated 
May  27,  1913.  Stating  that  the  testimony  will  now  be  con- 
sidered. There  is  a  statement  that  John  S.  Metzgar  testified 
to  that  the  Greenhorn  and  Greenhorn  No.  2  occupy  half  an 
acre  of  land  in  Section  32  and  twenty-two  or  twenty-three 
acres  of  land  in  Section  31.  This  kind  of  testimony  only  gives 
evidence  that  the  hearing  of  the  testimony  of  the  protest  on 
June  6th,  1912,  has  been  re-framed  since  the  hearing  of  the 
testimony  on  June  6th,  1912.  On  that  day  John  Metzgar 
swore  that  I,  J.  T.  Melich,  had  twenty-five  acres  of  land 
staked  out  in  mv  mineral  claim  on  his  Homestead.  And  the 
same  testimony  is  in  the  stipulation  or  the  contract  he  gave  or 
granting  me  all  of  the  mineral  that  is  under  the  ground  on  my 
mining  claim.  And  Metzgar  also  testified  at  the  hearing  on 


136  THE  TROUBLES  OF  A  PROSPECTOR 

June  6,  1912,  that  1,  J.  T.  Melich,  had  2y2  acres  of  land  staked 
out  on  his  land  of  Section  32. 

Isn't  it  wonderful  how  they  can  switch  the  testimony 
from  one  tract  to  another  until  no  one  knows  what  tract  of  the 
land  the  testimony  was  given  on.  And  again  on  this  same 
same  sheet  of  paper  No.  4  in  the  decision  above  stated  Metzgar 
testified  that  the  land  embraced  in  Melich  claims  is  well  cov- 
ered with  bunch  grass.  Such  testimony  as  this  is  false  self 
evidence  right  on  the  face  of  it  and  which  only  gives  self 
evidence  right  on  the  face  of  it  that  the  hanging  walls  of  the 
marble  cliffs  on  the  Greenhorn  mineral  claim  is  not  well  cov- 
ered with  bunch  grass  and  any  one  who  says  it  is  is  testifying 
to  an  infernal  falsehood,  self-evident  lie  right  on  the  face  of  it, 
and  no  one  but  a  darned  fool  of  a  mad-man  or  a  cowardly 
creeping  point  of  a  pen-man  could  possibly  think  that  the 
hanging  Avails  of  the  marble  cliffs  on  the  Greenhorn  Claim  is 
well  covered  with  hunch-grass. 

What  do  you  think  of  your  so-called  Honorable  Commis- 
sioner of  Washington,  D.  C.,  rendering  a  decision  against  me 
based  on  such  a  cheap,  piteous,  paltry  piece  of  false  evidence 
as  this?  Stating  that  the  marble  cliffs  of  the  Greenhorn  quartz 
mineral  claim  is  well  covered  with  bunch-grass.  The  hanging 
walls  of  the  marble  cliffs  are  here  to  stay  for  all  time  to  come, 
which  will  be  as  self  evidence  to  anyone  that  wishes  to  inspec; 
or  examine  them  and  they  will  easily  see  that  the  marble 
cliffs  on  the  Greenhorn  quartz  mineral  claim  is  not  well  cov- 
ered with  bunch  grass. 

I  wrote  you  a  letter  dated  June  16,  1913,  and  a  copy  of 
the  hearing  of  the  testimony  of  the  protest  June  6th,  1912, 
Spokane,  Washington,  explain  ing  all  of  the  main  details  sub- 
<tance  that  did  transpire  at  the  hearing  of  the  protest.  Con- 
sisting of  forty-three  sheets,  was  enclosed  in  the  letter  dated 
June  16,  1913,  and  I  did  not  receive  an  answer  yet  in  regard  to 
the  copy  of  forty-three  sheets  that  I  did  write  in  the  month  "f 
April  and  the  same  is  dated  April  15,  1913,  that  I  did  enclose 
in  the  above  stated  letter.  I  demand  that  the  copy  of  forty- 
three  sheets  must  be  returned  back  to  me,  as  soon  after  you 
have  put  your  mark  on  all  of  the  testimony  stated  in  this  copy 
of  mine  of  forty-three  sheets.  That  is,  or  is  not  stated  in  your 
testimony  that  von  have  in  vour  records  of  the  test  inn  MTV 


THE  TROUBLES  OF  A  PROSPECTOR  137 

given  in  at  the  hearing  of  the  protest.  And  the  same  above 
statements  are  stated  in  my  copy  of  my  writings  of  forty- 
three  sheets  that  you  are  in  possession  of. 

Let  me  tell  you,  right  here,  that  I  have  no  other  way  of 
obtaining  a  true  copy  of  the  true  testimony  that  was  given  at 
the  hearing  of  the  protest,  therefore  i  want  you  to  return  my 
above  copy  of  forty-three  sheets  as  is  stated  in  the  copy,  right 
back  to  me.  They  don't  belong  to  you.  Let  me  tell  you 
right  here,  that  the  copy  of  forty-three  sheets  belongs  to  me 
and  not  to  you.  So  the  best  thing  your  Commissioner  can  do, 
is  to  return  them  all  back  to  me,  as  I  am  seriously  in  need  of 
my  own  writings  of  the  testimony  stated  in  my  copy  of  forty- 
three  sheets.  Therefore,  I  have  got  to  have  the  copy  back 
before  I  can  take  any  further  action  in  this  matter  of  appeal- 
ing the  case.  1  have  got  to  get  my  copy  back  to  base  my  mat- 
ter on.  If  you  intend  to  steal  my  copy  of  forty-three  sheets 
from  me  and  are  not  going  to  answer  any  more  of  my  letters 
in  regard  to  this  matter  let  me  know,  and  I  will  not  spend  any 
more  of  my  valuable  time  in  writing  to  you.  Therefore,  I 
will  register  this  letter  to  you,  so  that  you  cannot  say  that  you 
have  not  been  receiving  my  mail. 

(Signed)  J.  T.  MELICH. 

No  answer  yet  to  the  letter  above  stated. 

There  is  a  mystery  connected  with  this  book.  I  have 
no  doubt  that  the  facts  of  it  will  all  be  made  known  some  day 
in  the  future.  ,  Stating  the  facts,  why,  all  the  reading  matter 
contained  in  this  book  up  to  the  end  of  the  above  letter  stated 
to  be  lost  in  this  book  why  the  book  was  not  published  in  the 
month  of  October,  1913. 

On  the  day  of  March  5,  1912,  I  sent  to  the  Department  of 
the  Interior,  General  U.  S.  Land  Office  of  Washington,  D.  C., 
all  of  the  main  details,  substance  of  everything  that  did  tran- 
spire as  far  as  I  had  gone  in  the  protest  case  that  I  did  lay  be- 
fore 1he  Commissioners  of  Washington,  D.  C.  '  I  did  not  hide 
anything  from  them.  I  wanted  them  to  know  everything  that 
had  transpired  and  all  that  was  to  transpire.  Just  as  this  book 
shows  that  to  be  a  fact  with  the  request  that  all  of  the  above 
statements  that  I  did  send  to  them  must  be  returned  to  me.  And 
the  same  was  done  with  all  of  the  statements  that  were  en- 
closed in  a  return  letter  that  I  received  from  the  Commissioner 


138  THE  TROUBLES  OF  A  PROSPECTOR 

of  Washington,  D.  C.,  dated  April  3,  W12,  stating  the  various 
correspondence  which  you  transmited  with  your  letter  of 
March  5,  1912,  is  returned  herewith  as  requested.  This  was 
done  for  the  purpose  of  gaining  my  confidence,  which  was 
nothing  more  than  a  confidence  game,  played  by  confidence 
pen-men,  of  so-called  honorable  Commissioners  of  Washing- 
ton. D.  C.  It  was  a  draw-card  to  draw  me  on  to  their  confi- 
dence game.  By  returning  me  all  of  the  matter  on  the  case  as 
far  as  I  had  gone  with  the  case,  up  to  that  date,  stated  in  the 
letters  and  the  same  consisted  of  all  the  writings  stated  in  the 
first  part  of  this  book. 

After  they  had  returned  all  of  my  writings  of  my  book 
back  to  me,  I  began  to  think  ]  could  trust  them  with  every- 
thing I  had  in  my  possession  and  therefore  I  began  to  think  it 
was  safe  to  leave  the  notices  of  my  quart/  mineral  location 
application  of  my  contract  of  agreement  that  Metzgar  gave  me, 
agreeing  to  give  me  all  of  the  mineral  that  is  in  under  *:he 
groud  of  my  mining  claim  with  Hal  J.  Cole,  register  of  the 
II.  S.  Land  office  at  Spokane,  Washington,  with  the  under- 
standing that  the  above  titles  were  to  be  returned  to  me  and 
the  same  has  not  been  done  up  to*  this  date  and  therefore  I  be- 
gin to  think  that  it  would  be  perfectly  safe  for  me  to  send  to 
the  Commissioners  at  Washington,  D.  C.,  my  copy  of  tnc 
writing  of  the  testimony  that  was  jjiven  at  the  hearing  of  the 
protest,  consisting  of  about  10,000  words  written  on  forty- 
three  sheets  and  should  all  have  been  published  in  this  book 
of  mine,  and  therefore  the  book  will  never  be  complete  until 
I  get  all  of  the  above  writing  of  my  book  back  to  me.  The 
same  has  never  been  done  up  to  this  date,  April  27,  1915  and 
therefore  the  so-called  honorable  Commissioners  of  this  Coun- 
ty of  America  that  I  was  born  in,  has  stolen  10.000  words  of 
my  writings  of  my  book  entitled  ''The  Troubles  of  a  Prospect- 
or", which  has.  damaged  the  sale  and  value  of  my  book  to  the 
full  extent  of  which  T  wil  never  be  able  to  get  back  the  lull 
value  of  the  time,  labor  and  money  that  I  did  put  in  the  writ- 
ing1 of  this  book  that  the  commissioners  of  this  country  h<ive 
compelled  me  to  write  this  book,  which  shows  up  the  inside  se- 
cret workings  of  the:  Commissioners  of  this  country  that  T  was 
born  in.  Why  not  show  them  up  in  all  of  their  different  poli- 
tical departments  from  top  to  bottom.  Tn  order  that 


THE  TROUBLES  OF  A  PROSPECTOR  130 

the  times  may  bring  such  a  change  that  the  law  of  the 
survival  of  the  fittest  will  snuff  them  out.  And  were  it  not  for 
the  want  of  courage,  that  the  church  has  robbed  us  of  in  our 
childhood  days  by  teaching  us  how  to  love  and  obey,  which 
has  made  us  so  that  we  are  too  weak  to  live  and  too  big  of 
a  coward  to  die.  Cursed  are  the  obedient  for  they  shall  breed 
creeplings  that  never  could  exist  if  it  were  not  that  they  are 
being  robbed  by  those  creeping  pen-men  who  made  laws  that 
have,  been  written  with  a  creeping,  cowardly  point  of  a  pen. 
The  bar  made  it  a  crime  to  rob  and  weed  out  the  imfittest 
with  the  point  of  a  gun  before  ever  they  could  endeavor  to 
attempt  to  rob  us  with  their  cowardly  creeping  points  of  their 
pens  and  man-made  laws.  But  if  it  were  so  that  we  were 
living  under  a  wild  state  of  natural  laws,  existing  conditions 
on  the  economic  field  so  then  it  would  not  be  a  crime  by  those 
creeping  cowardly  pen-men  made  laws  that  command  us  to 
violate  the  law  of  the  survival  of  the  fittest.  Which  is  the  law 
that  we  should  obey  or  we  will  be  punshed  with  the  direct 
results  of  disease  for  not  weeding  out  the  imfittest  from  the 
fittest  with  the  point  of  a  gun  and  not  with  a  creeping  coward- 
ly point  of  a  pen.  It  is  natures  plan  to  weed  out  man  and  test 
who  are  the  strongest.  I  like  to  stick  around  as  well  as  the 
next  one  that  likes  to  stick  around,  but  I  think  that  it  such 
conditions  were  favorable  I  would  be  wiling  to  give  mv  life 
with  the  next  one  that  would  raise  up  his  broad  axe  and  with 
Ins  broad  axe,  chop  their  worm-eaten  skull  wide  open  just  for 
the  betterment  of  our  own  race  of  creatures.  They  should 
never  be  allowed  to  have  possession  of  the  female.  They 
should  be  weeded  out  just  as  the  species  of  any  other  kind  ot 
useless  and  troublesome  plant  or  tree  that,  weed  out  their  own 
species  by  the  well  able  bodied  strong  trees  reaching  out  with 
their  long,  hungry,  roots  and  eating  up  all  of  the  substances 
from  the  useless  and  troublesome  little  trees  for  the  purpose 
that  they  may  not  be  able  to  mature  and  have  a  full  sized  off-- 
spring. Why  the  animals  in  their  wild  nature  state  of  life 
weed  out  their  own  species  by  fighting  for  the  possession  of  the 
female  in  certain  times  of  the  year.  The  males  begin  to  fight 
for  the  posession  of  the  female  which  is  the  season  of  battle, 
in  the  season  of  love.  And  the  strong  either  drive  off  or  kill 
all  the  weaklings  or  cripples  and  the  strong  become  the  par- 


140  THE  TROUBLES  OF  A  PROSPECTOR 

ents  of  the  next  species  which  are  a  better  species  of  their 
creatures.  Otherwise  they  would  inherit  the  direct  result  of 
disease  which  would  only  be  the  results  that  would  degener- 
ate them  that  would  come  from  the  re-action  of  thir  own  acts 
in  violating  the  law  of  the  survival  of  the  fittest. 

Why  should  not  the  human  creatures  do  likewise?  They 
should  be  weeded  out  in  order  that  the  weaklings  and  creep- 
lings  may  not  become  the  parents  of  the  human  creatures 
which  would  only  mean  degeneracy  to  their  own  kind  of  .crea- 
ture. Therefore  they  should  never  be  allowed  to  run  at  large 
around  among  women,  as  long  as  women  have  not  got  sense 
enough  to  know  that  they  should  have  a  right  to  choose  who 
shall  be  the  father  of  their  children. 

Realizing  the  fact  that  John  S.  Metzgar  will  not  be  the 
rightful  owner  of  the  value  of  the  land  that  he  created  by  his 
labor,  for  no  one  can  create  a  value  without  labor.  Even  after 
he  gets  his  Warantee  Deed  isue'J  to  him  from  the  political  ac- 
tions class  that  goes  good  for  the  value  of  his  land,  which  he 
claims  that  he  has  created  by  soUing  his  labor  power  as  a  wage 
slave  worker  to  the  highest  bidder  to  the  mine  owner  for  the 
last  eight  years  is  just  what  he  did  testify  to  in  this  case  and 
all  along  that  time  had  spent  his  earnings  above  stated  in  liv- 
ing and  improving  the  value  of  the  land  on  his  homestead. 
For,  anyone  holding  a  title  or  a  deed  to  capital  is  no  sign  that 
the  deed  or  title  holding  class  are  the  rightful  owners  to  capi- 
tal. Who  is  the  rightful  owner  of  capitol ?  The  Warrantee 
Deed  giving  class  or  the  deed  holding  class?  \vho  pavs  the 
taxes  to  the  deed-giving  political  actionist  class?  \Yho  makes 
the  deeds?  Are  more  of  the  rightful  o\vners  because  the  poli- 
tical actionist  class  receive  all  of  the  rent  or  the  taxes  for  the 
valuation  of  the  capital. 

That  is,  if  there  is  any  truth  in  what  James  Regan  lias 
told  me,  who  is  a  neighbor,  and  a  witness  for  Mr.  Metzgar 
in  this  case.  The  land  on  Mr.  Regan's  Homestead  is  similar 
land  to  Mr.  Metzgar's  land  with  the  exception  of  the  mineral 
lead  of  ore  on  the  apex  and  the  hanging  walls  of  the  marble 
cliffs  that  the  U.  S.  Land  Commissioner  of  this  country  say 
are  well  covered  bunch-grass  on  the  Greenhorn  claim.  Mr. 
Regan  told  me  that  he  is  paying  $54.00  a  year  taxes  for  the 
valuation  of  his  land  on  his  homestead  that  he  has  created  b\ 


THE  TROUBLES  OF  A  PROSPECTOR  141 

his  work  in  the  last  ten  years  in  the  grubbing  out  of  stumps 
and  stones,  in  trying  to  clear  up  six  or  seven  acres  of  his  land 
in  order  that  it  may  be  suitable  for  plowing  on  his  homestead. 
There  is  no  person  in  this  whole  wide  world  that  Mr.  Regan 
could  rent  his  land  to,  on  his  homestead  for  $54.00  a  year,  for 
he  only  has  about  six  or  seven  acres  of  land  under  cultivation, 
that  he  is  paying  $54.00  a  year  taxes  on.  Mr.  Regan  toid  me 
that  he  thought  it  was  outrageous  for  the  political  actionist 
class  to  tax  the  homesteaders  "of  Ferry  County  so  high.  So  I 
told  Mr.  Regan  that  the  political  actionist  class  had  this  wild 
land  in  here  "and  that  they  were  not  getting  a  cent  of  rent  from 
this  wild  land  of  theirs,  that  the  wild  animals  did  have  poses- 
sion  of  it  without  holding  titles  to  this  land  in  Ferry  Coimty. 
Washington. 

So  the  political  actionist  class  did  work  up  a  scheme  tor 
the  purpose  of  catching  the  people  in  their  Ira])  that  they  did 
set  to  trap  the  succor  that  stepped  in  to  rent  their  wild  land. 

Right  after  the  1894  panic,  the  people  were  driven  in  here 
by  the  political  class,  to  take  up  this  wild  land  as  a  homestead 
right,  which  should  have  been  left  to  the  wild  animals.  F  told 
Mr.  Regan  and  some  of  his  neighbors  that  the  political  action- 
ist class  made  a  bet  with  the  homesteaders  of  160  acres  of  land 
that  they  could  not  live  on  that  land  for  five  years.  I  said  to 
Mr.  Regan:  "You  have  done  it,  you  have  won  the  bet  of  160 
acres  of  land,  and  the  political  actionist  class  gave  you.  a  deed 
to  the  value  of  your  land  that  you  did  create  by  your  labor  for 
the  last  ten  years  on  your  homestead.  They  gave  you  a  deed 
for  the  purpose  of  making  you  think  that  yon  own  the  land,  so 
that  you  would  be  more  prompt  in  paying  rent.  And  every 
time  you  will  pay  your  $54.00  per  year  to  this  political  action- 
is  t:  class.  All  that  they  will  give  you  is  a  guarantee  that  is 
good  for  the  privilege  of  you  working  on  the  land  of  your 
homestead  that  you  are  living  on  for  one  year  and  when  that 
year  is  up,  if  you  do  not  pay  your  fifty-four  dollars  for  another 
years  taxes,  they  will  not  give  you  a  guarantee  that  will  be 
good  for  the  privilege  of  working  on  their  land  ot  your  home- 
stead for  another  year.  P>y  giving  you  a  deed,  makes  you 
think  you  own  the  land  and  this  is  what  makes  every  one  of 
you  prompt  in  paying  your  taxes  on  the  valuation  of  capital 
that  the  deed-holders  class  holds  title  to.  It  is  a  verv  cute 


142  THE  TROUBLES  OF  A  PROSPECTOR 

way  that  the  political  actionist  class  have  got  to  get  rent  from 
the  valuation  of  their  land  that  the  homesteader  did  create  by 
working  on  their  land  of  the  homestead.  There  is  hardly  any 
place  where  the  homesteader  can  go  in  this  whole  world  today 
but  what  the  political  actionist  class  are  right  there  to  meet  you 
with  their  big  mit  for  the  purpose  of  making  you  come  through 
with  rent  or  taxes  or  fines  or  whatever  you  may  call  it.  Right 
at  the  minute  you  attempt  to  accomplish  that  which  you  de- 
sire to  accomplish  the  thing  which  you  have  in  view  yor,  will 
have  to  come  through  with  the  dough  and  if  you  don't  yoiu 
desire  to  have  a  thing  or  do  a  thing  wil  be  considered  by  Un- 
political actionist  class  as  conclusive  evidence  that  you  are  not 
to  have  it  or  to  do  it. 

One  day  I  went  to  Orient,  Ferry  Co.,  Wash.  There  is  a 
man  in  that  town  by  the  name  of  Mr.  Doll,  running  a  saloon. 
I  went  into  his  saloon  and  called  for  a  glass  of  beef.  He  drew 
me  out  a  little  snip  of  a  glass  of  beer  and  charged  me  15  cents 
for  the  little  snip  of  beer.  1  said  to  him:  "Holy  Spirits!  See 
here,  you  must  make  a  horrible  big  profit  off  of  your  beer, 
charging  15  cents  for  a  little  snip  of  beer  like  that!"  He  said, 
"No,  I  don't  make  anything  out  of  that  little  snip  oi  beer.  1 
am  just  the  agent  of  the  political  actionist  class.  1  have  to  turn 
everything  1  make  over  to  them.  If  you  can  show  me  where 
I  can  get  steady  work  at  $2.00  per  Hay,  I  will  walk  right,  out 
from  behind  this  bar  and  will  give  my  saloon  business  up 
Xow  if  I  were  working  for  this  man  and  he  only  gave  me  money 
enough  for  my  work,  that  would  only  buy  back  less  tlian  one- 
fifth  of  the  articles  that  I  produced  what  good  would  it  do  for 
me  to  go  on  a  strike  for  money  enough  to  buy  back  the  full  value 
of  the  five-fifths  of  the  articles  that  I  produced  when  the  deed 
giving  class  to  capital  who  are  the  political  actiorust  class  who 
get  three-fifths  of  the  article  that  I  produce  which  leaves  their 
agencies  only  one-filth  of  the  article  to  settle  all  strikes  with, 
and  besides  there  is  a  great  percent  of  this  one-fifth  of  the  above 
stated  articles  has  got  to  go  towards  the  wear  and  t^ar  of  ma- 
chinery and  toward  improving  the  valuation  of  indusirv. 
Therefore  the  agency  of  the  political  class  can  not  keej>  a'l  the 
wheels  of  industry  running  when  the  political  actionist  class 
only  allow  the  deed-dolding  class  one-fifth  of  all  the  articles 
to  settle  all  the  strikes  with.  The  labor  trouble-  can  not  be 


THE  TROUBLES  OF  A  PROSPECTOR  143 

settled  by  strikes  even  though  the  deed-holding  class  would 
give  to  the  workers  one-fifth  of  the  articles  that  the  deed-hold- 
ing class  are  allowed  to  have  from  the  deed-giving  class.  Why? 
.Because  it  would  destroy  the  deed-holding  class  and  if  there 
was  no  deed-holding  class  there  would  be  no  more  deed-giv- 
ing class  then  there  would  be  no  more  political  actionist  class 
and  then  and  then  only,  would  labor  get  the  full  value  of  all 
the  five-fifths  of  the  articles  that  labor  produces  who  is  en- 
titled to  any  part  of  them."  When  I  went  out  of  Mr.  Doll's, 
1  went  out  of  there  thinking.  And  1  said  to  myself  that  I  learn- 
ed something  that  I  did  not  know  before.  It  did  not  take  me 
long  to  arive  at  the  fact  that  Mr.  Doll  was  the  only  business 
man  that  I  have  ever  met  in  my  life  that  told  me  the  truth 
When  he  said  that  the  deed-holding  class  who  holds  titles  to 
the  valuation  of  all  capital  are  nothing  more  than  the  agencies 
of  the  political  actionist  class.  How  manv  business  men  out 
of  every  million  in  this  world  will  tell  the  truth  and  say  that 
they  are  the  agencies  of  the  political  actionist  class  and  who 
are  the  deed-givers  to  the  deed-holders  and  who  pay  their  tax- 
es to  the  deed  givers.  It  makes  nc  difference  how  large  or 
how  small  the  valuation  of  a  man's  bnsines  may  be  that  the 
political  actionist  class  give  them  all  a  warantee  deed  that  gees 
good  for  the  full  valuation  of  all  the  capital  for  the  purpose 
of  making  the  deed-holding  class  to  capital  think  that  they 
own  their  own  business.  This  mode  of  thinking  makes  the 
deed-holding  class  more  prompt  in  -paying  their  taxes  because 
they  do  not  wish  to  lose  that  capital  that  they  think  they  own. 
It  makes  no  difference  how  small  or  how  large  your  business 
may  be,  every  time  you  pay  your  fine,  rent  or  taxes  to  the  po- 
litical actionist  class,  all  this  deed-giving  class  gives  them  is 
a  guarantee  that  goes  good  for  the  privilege  of  running  their 
business  another  year  and  when  this  year  is  r,p,  if  they  don'f 
pay  their  taxes  for  another  year,  they  don't  get  any  guarantee 
that  goes  good  for  the  privilege  of  running  their  business  for 
another  year. 

Even  all  the  labor  fakirs  that  are  out  agitating  on  labor 
troubles  in  this  world  don't  dare  to  tell  the  workers  the  truth, 
that  the  deed-holding  class  are  agents  of  the  political  actionist 
class.  They  all  utter  a  mighty  voice  in  telling  the  workers 
that  the  deed-holding  class  only  give  them  money  enough  for 


144  THE  TROUBLES  OF  A  PROSPECTOR 

their  work  that  buys  back  less  than  en-fifth  of  the  articles  they 
produce.  This  statement  is  true.  Hut  when  they  have  the  gall 
to  tell  the  workers  that  the  deed-holding-  class  who  holds  titles 
to  the  valuation  of  all  capital,  gets  the  other  eighty  per  cent 
of  all  of  the  articles  that  the  workers  produce,  is  an  infernal 
falsehood  of  a  lie  on  the  face  of  it.  For  we  have  the  statistics 
to  show  that  the  workers  get  money  enough  for  their  work 
that  wrill  buy  back  less  than  on  el  fifth  of  their  articles  that  the 
industral  class  produce.  Again  we  have  other  statistics  that 
show  that  the  deed-holding  class  gets  another  one-fifth  of  the 
articles  that  the  industrial  class  produce  that  goes  toward  im- 
proving of  the  valuation  of  industry  that  the  deed-holding  cla^s 
hold  a  title  to.  Suchas  the  land,  the  mine,  the  factory,  the  fail- 
road,  the  electric  lines,  the  telegraph  and  the  telephone.  And 
the  other  three-fifths  of  the  article  that  the  industrial  class 
produces  goes  to  maintain  everything  that  is  connected  with 
the  political  actionist  class.  Let  me  tell  you  labor  fakirs,  right 
here,  that  any  time  a  business  man  will  show  a  profit  of  eighty 
per  cent  on  the  valuation  of  any  amount  of  capital  invested  on 
the  actual  valuation  of  any  kind  of  business  and  I  will  show 
yon  that  he  is  no  business  man.  The  only  wav  to  do  business 
nowadays  is  to  do  business  on  the  lines  of  least  resistance.  So 
as  to  make  it  unprofitable  for  anyone  else  to  do  business  on 
his  line  of  business.  Save  what  other  people  waste  and -then 
you  will  show  no  profit  and  if  you  do  show  no  profit,  no  one 
will  enter  into  the  line  of  business  that  you  will  show  no  pro- 
fit in  the  business  and  then  you  will  have  no  competition.  For 
all  business  goes  where  the  profits  are  and  all  business  stops 
where  the  profits  stop.  And  any  time  a  labor  fakir  of  an  agi- 
tator can  show  me  where  he  can  guarantee  eight  per  cent  prof- 
it on  any  amount  of  capital  invested  in  the  actual  cost  of  any 
industry  I  will  show  him  that  the  higestbuildinir  in  the  town 
or  city  that  he  makes  the  statement  in,  will  nol  hold  ail  of  tlv 
gold,  silver  and  paper  money  that  represents  the  value  of  la- 
bor. It  would  very  soon  be  accumalnted  from  all  over  this 
wide  world  for  the  purpose  of  being  invested  in  the  induct r\ 
above  stated,  and  they  would  put  him  up  at  the  head  of  it. 

Tn  the  year  1899,  I  was  up  in  a  little  town  called  Smm-- 
•  lualima  Falls,  Washington,  about  fit  TV  miles  north  of  Seattle. 
Washington.  There  was  one  saloon  in  the  place  at  that  time 


THE  TROUBLES  OF  A  PROSPECTOR  145 

and  the  proprietor  showed  a  big-  profit  on  his  line  of  business 
and  there  was  someone  else  up  there  with  money,  looking  for 
a  place  to  invest  it  whereever  he  could  see  a  profit.  It  did  not 
take  him  long  to  see  that  there  was  profit  in  the  saloon  busi- 
ness, so  into  it  he  goes  and  created  another  tax  and  took  half 
of  the  other  saloon-keeper's  trade  and  profits  away  from  him, 
who  was  the  darned  fool  that  showed  him  the  big  profits  in  the 
business.  But  still  those  two  men  showed  a  big  profit  in  the 
saloon  business  and  there  was  still  another  man  with  money 
that  was  looking  for  a  place  to  invest  it,  where  he  could  see 
a  profit  and  it  did  not  take  him  long  to  see  that  there  was  a 
prifit  in  the  saloon  business.  So  into  it  he  goes,  side  by  side 
with  the  other  saloon-keeper's—all  of  them  in  the  same  block 
and  created  another  tax  and  took  one  third  of  the  trade  and 
profits  away  from  the  other  saloon-keeper's.  And  still  those 
three  saloon-keepers  did  not  have  sense  enough  to  know  that 
the  business  would  never  stop  building  as  long  as  they  showed 
a  profit  of  eight  per  cent  on  their  line  or  in  other  lines  oi  busi- 
ness, was  the  reason  that  there  was  still  another  man  who  had 
some  money  to  invest  wherever  he  could  see  a  profit  of  eight 
per  cent  on  the  money  that  he  would  invest  and  he  went  to 
work  right  away  and  bought  a  lot  right  across  the  street  from 
the  other  three  saloons,  because  he  saw  the  profit  in  their  bus- 
iness and  built  up  another  saloon  and  created  another  tax  on 
his  house  and  lot  and  another  saloon  license.  Besides  the 
light,  water  and  expense  of  running  four  places  instead,  oi  one. 
Right  then  and  there  their  lines  and  all  other  lines  of  business 
stops,  only  because  no  one  could  guaantee  eight  per  cent  prof- 
it on  their  line  of  the  saloon  business.  Right  there  and  then 
is  where  the  saloon  buisness  or  any  other  business  stops.  If 
the  first  saloon  keeper  in  Snowqualirna,  Washington  had  man- 
aged his  business  in  the  line  of  least  resistance  by  saying  what 
other  people  waste  so  that  he  would  not  show  a  profit  of  eight 
per  cent  on  the  amount  of  capital  invested  in  his  line  of  busi- 
ness, which  would  have  made  it  unprofitable  to  anyone  else 
to  enter  into  his  line  of  business,  or  any  other  line  of  business. 
Xo  one  would  have  started  into  the  business  any  more  than 
would  have  been  a  necessity  to  have  business.  Just  as  the 
Pos  Office  industry  is  run.  If  he  had  done  this  he  would  have, 
saved  the  money  that  was  invested  in  the  saloon  business  and 


146  THE  TROUBLES  OF  A  PROSPECTOR 

in  the  other  three  lots  and  buildings  and  he  would  have  saved 
the  money  he  paid  out  every  year  in  taxes  and  the  three  liquor 
licenses  every  year,  not  saying  anything  about  saving  the 
light,  water  and  labor  expended  in  running  the  other  three 
places  of  business  all  in  one  block,  with  the  exception  of  the 
one  being  across  the  street.  Nevertheless,  they  all  managed 
to  get  along  nicely  without  showing  a  profit  of  eight  per  cent 
for  about  three  or  four  years.  Until  all  at  once  the  shingle 
mill  burned  down  in  Snowqualma,  Washington.  The  logging 
camps,  the  saw  mill  and  the  coal  mine  shut  down  and  there 
was  a  kind  oi  a  panic  in  Snowqualima.  Washington,  in  the 
year  1903  or  1904.  There  was  a  big  howl  of  a  rumor  going 
around  among  the  people  stating  that  all  business  was  over- 
done, and  no  one  was  making  their  expenses  in  their  lines  of 
business.  One  day  I  happened  to  drop  into  the  oldest  saloon 
in  the  town  of  Snowqualima,  Washington,  and  I  asked  "How 
is  business?"  "Why  ',  he  said,  "there  is  not  one  of  us  making 
our  expenses."  I  said  "good  enough  for  you".  He  said  "Why?" 
I  said  "Well,  how  much  liquor  license  do  you  each  pay  here?'* 
He  said  "We  are  all  paying  $500.00  a  year  for  the  privilege  c  t 
selling  liquor.''  ''Well,"  I  said,  "Why  don't  you  all  get  to- 
gether in  one  building  that  stands  on  one  lot,  and  sell  all  the 
liquor  under  one  license,  which  would  only  be  $500  and  by  so 
doing  you  would  save  the  other  three  licenses  which  would  be 
$1500  that  you  would  have  to  divide  up  between  four  of  y«>u 
every  year."  He  all  at  once  jumped  up  off  the  floor  into  the  air 
and  said,  "Why  that  is  more  money  than  all  four  of  us  put  to- 
gether is  making  right  now  in  this  business."  I  said  "Besides 
you  could  save  all  of  the  money  that  von  all  hmre  invested  in 
the  three  buildings  and  lots  and  the  taxes  on  the  three  build- 
in.gs  and  iot^  that  vou  have  to  pay  every  year  to  the  poiit'cal 
actionist  class  and  besides  yen  could  all  save  the  money  that  is 
invested  in  the  lights,  water  and  labor  expenses  in  keeping  «h«* 
other  three  places  running;  after  you  all  have  done  this,  then 
you  could  keep  your  one  place  open  twenty-four  hours  a  da\ 
and  night  then  each  one  out  of  the  four  of  you  would  onlv 
have  to  work  six  hours  out  of  every  twenty-four  hours  ai.d  \  on 
would  come  in  contact  with  all  the  different  people  in  conver- 
sation that  wciild  keep  you  up  to  elate  on  all  the  (HiTcrcni 
ics  of  the  day,  while  you  are  on  yo-,n-  si\  hours  shift,  in^toiu! 


THE  TROUBLES  OF  A  PROSPECTOR  147 

of  being  in  your  place  of  business  for  sixteen  hours  every  day 
and  now  you  don't  really  come  in  contact  with  anyone  that 
would  make  you  realize  the  fact  that  your  place  of  business  is 
nothing  more  than  a  jail  where  you,  being  the  prisoner,  dare 
not  leave  your  jail  or  your  place  of  business  only  once  every 
sixteen  hours  out  of  every  twenty-four  hours."  After  stating 
all  of  the  above  statements  to  the  above  saloon-keeper,  he 
said  "It  all  looks  very  nice,  and  if  I  had  known  it  all  that  you 
tell  me,  when  I  first  started  in  my  line  of  business,  1  would 
have  surely  tried  to  have  put  the  above  stated  propositions 
into  action.  But,  P.  T.  Barnum  said  "the  American  likes  to  be 
fooled"  and  therefore  the  people  are  always  looking  for  graft- 
ers and  grafters  can  only  exist  among  succors".  Therefore, 
the  people  are  more  to  blame  than  the  deed-holding  class  are. 
If  the  people  all  do  their  dealings  at  the  best  place  of  business, 
it  would  not  be  long  before  some  business  man  would  arrive 
at  the  conclusion  to  run  just  such  a  place  as  .the  people  want 
Rut,  what  is  the  use  as  long  as  the  people  boycott  everything 
that  is  good  and  then  support  everything  that  is  no  good? 
Therefore,  I  do  not  blame  this  man  much  for  being  in  the  sa- 
loon business  in  Snowrqualima,  Washington,  for  he  has  spent 
the  most  of  his  life  working  in  the  shingle  mills,  until  his 
hands  were  all  cut  up  by  their  saws  running  in  the  mill,  until 
he  has  been  rendered  useless  for  any  further  service  to  the  mill 
owner  or  who  thinks  he  owns  it,  because  he  has  a  deed  to  it. 
If  the  Industrial  class  of  this  world  wouM  advocate  the  prin- 
ciples to  patronize  the  best  place  of  business,  do  your  trading 
where  the  crowd  goes  and  you  will  find  it  will  not  be  long  be- 
fore the  people  of  this  world  will  concentrate  their  trade  to 
one-twentieth  part  of  space  that  the  business  of  the  world  is 
done  in.  By  so  doing,  you  wil  knock  nineteen  tax  payers  out 
of  every  twenty,  out  of  commission.  And  you  will  see  it  won't 
be  long  until  they  wil  join  in  your  army  and  will  become  your 
friend  instead  of  your  enemy  and  besides  you  will  hit  the  poli- 
tical actionist  class  in  the  pocketbook.  We  must  not  allow 
them  to  get  the  money  to  hire  a  large  force  of  police  toughs 
who  are  in  a  habit  of  waving  clubs  over  the  heads  of  the  in- 
dustrial class. 

Do  your  trading  where  the  crowd  goes.  You  will  get  bet- 
ter and  fresher  goods.   Why?   Because  all  the  goods  go  out  as 


148  THE  TROUBLES  OF  A  PROSPECTOR 

fast  as  they  come  in.  Otherwise  the  goods  lay  in  the  stores 
from  two  to  five  years  and  the  minute  you  try  to  put  the  goods 
on,  they  fall  to  pieces. 

Let  me  tell  you  right  here,  in  order  that  you  all  might 
realize  the  fact.  That  the  Industrial  class  of  this  world  has  no 
interest  in  political  action.  Why?  Because  political  action  is 
a  graft.  And  if  anybody  is  entitled  to  a  graft,  it  should  be  the 
dear,  little  women  and  not  the  able-bodied  strong  men  that 
would  look  better  if  they  were  out  shoveling  on  some  railroad 
construction  instead  of  spending  their  valuable  time  in  politi- 
cal action  which  is  only  a  graft  based  upon  anything  in  which 
the  most  money  can  be  made  out  of  political  action.  Those  poli- 
tical grafters  come  around  at  every  election  when  they  are  out 
angling  for  suckers  to  vote  for  their  ticket.  They  tell  these 
suckers  that  the  reason  that  they  have  a  high  tax  on  liquor  is 
because  it  is  an  unnecessary  evil,  knowing  at  the  time  they  arc 
telling  it,  that  habits  that  have  taken  years  and  years  to  shape 
and  form  will  linger  with  a  person  until  death  and  their  liquor 
habits  will  haunt  them  to  their  graves,  and  they  can  make 
more  money  out  of  the  business  of  political  action  by  placing 
a  tax  on  the  habits  of  the  people  than  they  could  on  anything 
else  that  they  could  place  a  tax  on.  Why  should  not  the  dear 
little  women  and  crippled  up  men  that  are  not  able  to  do  out- 
side work  be  more  entitled  to  the  graft  instead  of  those  who 
are  able  to  do  out-side  work;  who  never  produce  anychin^. 
but  consume  three-fifths  of  the  articles  that  the  industrial  class 
of  the  world  produce  and  all  we  get  in  return  is  that  cowardly 
creeping  pen-men  made  artificial  statute  laws.  Statute  laws 
have  been  defined  by  all  of  the  best  men  and  the  well  learned 
men  of  the  world  as  being  a  rule  of  action  to  compel  the  work- 
ers to  do  something  for  the  actors  that  they  are  too  lazy  to 
do  themselves.  If  we  will  assume  to  trace  the  origin  of  law 
back  in  the  annals  of  historic  trials  of  about  four  thousand 
years  ago,  when  a  man  used  to  come  out  of  a  hole  in  the  ground 
with  a  club  in  his  hand  and  he  would  kill  some  snake  for  his 
dinner  or  lay  in  ambush  until  some  deer  would  come  running 
by  and  at  a  moments  notice,  he  would  make  a  spring  'it  <he 
deer  and  catch  him  by  the  horns  and  tear  him  to  pieces  bare- 
handed. \o\v  we  will  assume  that  there  was  quite  a  lot  <>t 
them  that  did  not  like  to  do  this  kind  of  \\ork  So  thev  origin- 


THE  TROUBLES  OF  A  PROSPECTOR  149 

ized  themselves  into  a  body  of  political  actionists  and  began 
to  advocate  that  the  game  was  ail  being  killed  off  and  that 
something  had  to  be  done  to  prevent  the  game  from  being 
killed  ofT.  So  they  elected  them  into  office  to  make  laws  to 
prevent  them  from  killing  cff  all  the  game.  And  the  first  law 
that  they  made  was  to  levy  a  tax  of  half  a  deer  for  every  deer 
that  was  killed  and  that  is  how  the  political  actors  got  their 
deer.  By  a  rule  of  action  to  compel  1  the  deer-killers  to  kill 
their  own  deer  by  making  a  law  that  would  only  give  the  deer- 
killers  half  of  what  they  killed.  If  anyone  should  be  entitled 
to  one  half  of  a  man's  work  it  should  be  the  dear  little  women 
and  not  the  well,  able-bodied  men.  Therefore,  let  the  women 
have  possession  of  political  action  instead  of  the  men.  But 
everything  has  changed  quite  a  little  since  then  For  today 
we  have  a  commercial  labor-paying  system  of  finance,  called 
money,  and  the  only  thing  that  the  political  actionist  class  has 
got  to  give  labor  for  the  articles  that  labor  produces,  is  that 
money,  but  they  have  got  a  half  million  of  different  laws  in 
their  favor  that  compels  the  workers  to  give  them  back  their 
money  every  year  in  the  line  of  fines,  rent  and  taxes  in  a  hall 
million  ways  and  forms.  If  thy  did  not  have  these  laws,  they 
would  soon  run  out  of  money  and  they  would  not  have  any- 
thing more  to  give  labor  for  the  articles  that  labor  produces. 
Has  labor  got  any  law  that  compells  the  politic?!  class  to  give 
the  workers  back  their  articles  every  year?  Oh,  no,  labor  can 
produce  more. 

Equal  rights  to  all  and  special  privileges  to  none.  The 
best  law  that  ever  could  be  made  in  the  interests  of  the  work- 
ers would  be  to  compel  the  political  actors  to  give  the  work- 
ers back  their  articles  every  year.  And  what  interest  would 
that  be  to  the  workers  when  they  would  only  be 
getting  back  what  naturally  belonged  to  them  once 
before.  Therefore  I  fail  to  se  where  the  industrial  class  of 
the  world  has  any  interest  in  political  action.  Let  the  women 
have  that  graft.  A  man  should  not  stoop  so  low  as  to  trifle 
with  political  action.  Voluntary  social  ownership  only  as  far 
as  their  material  interests  extends  itself  clear  'around  the  whole 
wide  world,  based  upon  industrial  administration  should  take 
the^  place  of  compulsary  or  collective  ownership  based  upon 
political  action.  I  would  like  to  write  another  book  on  the 


150  THE  TROUBLES  OF  A  PROSPECTOR 

economic  question.  But  my  financial  standing  will  not  allow 
me  to  do  it  until  1  get  money  enough  to  put  me  in  a  position 
so  that  I  would  be  able  to  spare  the  time  it  would  take  to 
write  it  and  the  money  it  would  take  in  getting  the  writings 
of  my  book  published. 

All  of  the  self,  false  and  real  statements  in  this  book  of 
the  testimonies  stated  all  the  way  through  this  book,  simply 
and  clearly  show  up  that  the  so-called  honorable  Commission- 
ers of  this  country,  through  their  evil  spirits  have  robbed  me 
of  everything  that  I  was  in  possesion  of.  Ihey  even  went  so 
far  as  their  evil  spirits  allowed  them  to  go  to  a  man  by  tiie 
name  of  Mr.  Joe  Saintclair,  who  was  announced  by  the  people 
of  that  locality  to  be  crazy  and  there  was  a  great  deal  of  talk 
going  on  among  a  lot  of  people,  around  Boyd  and  Orient  about 
getting  up  a  petition  that  would  declare  him  to  be  insane. 
For  every  one  to  sign  that  would  have  agreed  with  the  reading 
of  the  petition  that  would  of  have  read  to  that  effect.  They 
went  and  got  this  man  above  mentioned,  Mr.  Joe  Saintclair,  to 
file  a  homestead  right  over  my  $4000.00  worth  of  valuable  de- 
velopment work  and  over  my  mining  claims. 

This  above  Homestead  application  of  Joe  Saintclair  was 
signed  in  the  spring  of  191-1,  A.  D..  by  those  cowardly,  creep- 
ing pen-men.  Creatures  of  Commissioners  of  this  grand  na- 
tion of  America.  Right  in  the  neck  of  the  time  when  they  all 
knew  that  my  assessment  work  held  good  by  law  until  the 
year  of  January  1,  1915.  Before  my  claims  would  be  lawfully 
abandoned.  Therefore  the  Commissioners  of  this  country  have 
not  only  robbed  me  of  my  $4000.00  worth  of  my  development 
work.  For  no  man  would  desire  to  put  $4000.00  worth  ot  work 
in  a  mine  if  I  did  not  desire  to  think  that  my  expectation  of 
completing  my  desired  work  in  my  desired  tunnel  just  as  1 
did  so  earnestly  and  eagerly  desire  to  continue  to  work  grad- 
ually on,  until  I  extended  the  end  of  my  desired  tunnel  on  to 
where  it  would  someday  be  joined  and  united  with  the  big- 
shoot,  of  my  valuable  mineralized  ore  of  my  precious  metals 
that  I  did  so  earnestly  and  ea^x-rlv  desire  t<  <.>•<.•  t  nossession  of. 
That  is  if  the  mobilized  mob  of  the  Commissioners  of  this 
country  that  I  was  born  in,  would  not  or  did  not  disturb  or  rob 
me  of  my  desired  principle  as  they  did  do.  and  which  was  mv 
greatest  desired  principle  part  of  my  desired  life  ai.-d  that  my 


THE  TROUBLES  OF  A  PROSPECTOR  151 

whole  desired  life  did  depend  upon  in  all  of  my  desired 
struggle  to  accomplish  that  end  that  1  did  desire  to  have  in  my 
desired  point  of  view  and  which  was  my  whole  desired  prin- 
ciple that  my  whole  desired  life  demanded  of  me  to  do,  depend 
upon  for  my  life's  existence  on  all  of  my  desired  struggles  in 
all  my  work  that  1  did  desire  to  do  in  the  end  of  my  desired 
tunnel,  all  for  the  purpose  of  connecting  my  desired  work  in 
the  end  of  my  desired  tunnel  with  my  big  shoot  of  my  valuable 
mineralized  ore  of  my  precious  metals.  Just  as  I  desired  to 
accomplish  the  complete  workings  of  my  desired  tunnel  all 
the  wav  through  if  I  were  not  prevented  from  doing  the  same. 
Just  as  I  did  plead  in  this  case  of  mine. 

It  was  only  a  sample  question  of  honesty  with  me  in  all 
of  my  pleadings  that  I  did  have  with  the  Commisioners  of  this 
country.  Plainly  showing  at  all  times  t?iat  1  was  willing  to 
give  every  one  of  those  animal  creatures  of  the  Commissioners 
of  this  country  the  same  intellectual  rights  that  I  claimed  my- 
self and  any  animal  creatures  of  this  country  or  any  other 
country  that  will  not  is  a  rascal. 

Now  I  did  want  to  be  honest  with  those  creatures.  Honor 
bright!  So  I  asked  them  if  I  did  not  have  the  same  right  to 
think  as  1  allowed  them  to  have  and  they  said  "No".  Now  if 
I  have  no  right  to  think  out  my  own  desired  principles  that 
my  whole  desired  life  depended  upon  in  this  matter  of  my  pro- 
test and  appeal  case,  for  my  whole  life's  existence,  who  has  the 
right  to  think  it  out  for  me?  And  why  have  I  got  such  a  thing 
as  a  thinker?  And  why  have  I  got  a  brain?  And  if  I  have  no 
right  to  think  for  myself  who  has  the  right?  Who  has  the 
right  to  think  out  my  desired  principles  of  life  for  me,  con- 
cerning the  whole  matter  in  my  case  that  my  whole  desired 
principle  part  of  my  life  depend  upon  for  existence? 

They  said  to  me,  "Now  do  not  disturb  our  opinions  or  our 
reframed  and  framed  up  false  testimonies  that  we  did  frame 
up  against  you.  If  you  do  you  will  get  our  mind  unsettled  and 
•will  only  make  your  protest  and  appeal  cases  more  long  and 
unfortunately  complicated  and  a  startling  state  of  affairs  in  all 
of  our  desired  efforts  to  settle  through  our  terrible  achiev- 
ments  in  our  frame-up  against  you  with  filthy,  foul  false  stuff 
that  had  its  effect  of  almost  strangling  the  upper  part  of  my 
throat  and  do  you  know  that  I  did  not  desire  to  have  my  de- 


152  THE  TROUBLES  OF  A  PROSPECTOR 

sired  breath  taken  away  from  me  in  such  a  mischeivous  man- 
ner of  apprehension  as  that  and  by  doing  this  sort  of  thing 
they  managed  to  frame  up  an  idea  that  they  could  force  me  to 
settle  all  of  my  different  matters  concerned  in  all  of  my  cases 
just  the  way  they  wanted  them  settled,  that  would  be  to  their 
own  material  interests  of  their  way  of  settling  hem.  They  de- 
cided that  they  could  do  this  by  forcing  it  through  their  force 
pump  that  they  did  use  against  me  in  the  continents  stream  of 
the  continuous  drifts  of  their  mischeivous  achievements  that 
they  did  manage  so  successfully  to  succeed  in  throtling  my 
voice  every  time  that  I  would  dare  to  make  an  attempt  in  my 
effort  to  utter  a  desired  principle  that  I  did  have  connected 
and  established  in  my  whole  desired  life.  They  did  this  so 
that  I  may  never  be  able  to  hold  my  desired  possessions  and 
all  of  my  desired  principles  that  I  did  have  in  my  possession 
that  did  naturally  belong  to  me  of  all  that  I  did  create  in  my 
desired  life  through  all  of  my  desired  struggle  that  I  did  create 
through  all  of  my  entire  workings  of  my  entire  life  and  that  my 
whole  desired  life  did  depend  upon  the  same  in  all  of  my  de- 
scircJ  struggles  of  these  workings  as  above  described  for  my 
whole  desired  life,  for  my  existence  and  I  would  have  naturally 
held  possession  of  the  same  if  I  were  left  alone  and  if  1  were 
not  detained  of  every  desired  principle  that  I  did  have  connect- 
ed with  my  whole  desired  life  by  those  detainers  who  are  hold- 
ing my  whole  desired  principle  of  my  whole  desired  life  in 
their  iron  grip  of  so-called  pen-men's  law  and  made  to  order 
that  has  heenwritten  by  the  so-called  honorable  Commission- 
ers of  this  country  and  who  did  so  successfully  succeed  in 
damning  my  whole  desired  life  principle  that  I  had  connected 
with  my  desired  life  and  the  same  did  take  me  years  and  years 
to  shape  and  forrn  for  my  desired  purpose  only,  to  have  the 
same  all  connected  with  my  whole  desired  life.  And  now  all  has 
been  damned  to  the  full  extent  that  I  have  never  yet  been  able 
to  derive  any  benefit  from  the  same  and  T  have  never  been  able 
to  desire  to  accomplish  anything  since  that  time  those  mobo- 
lized  mobs  of  Commissioners  of  this  country  did  detain  and 
hold  my  desired  principles  of  my  desired  life  through  their  de- 
sired efforts  of  so-called  law.  made  to  order  in  all  of  the  mat- 
ter concerned  in  my  mining  claim. 

They  did  conclude  to  do  this  by  foirce.    And  do  vou  know. 


THE  TROUBLES  OF  A  PROSPECTOR  153 

]  did  never  appreciate  it.  I.  did  not  appreciate  their  iron  argu- 
ments that  they  did  wilfully  frame  up  against  me,  a  lawless 
farce,  that  did  have  its  effect  to  the  full  extent  of  giving  them 
the  advantage  that  they  did  use  over  me  that  they  did  so' suc- 
cessfully succeed  in  in  taking  away  from  me  all  of  my  desired 
principle  of  my  desired  life  by  willfully  denouncing  against 
every  desired  principle  that  I  did  desire  to  have  in  the  make 
up  of  my  desired  life  and  they  did  willfully  repudiate  against 
me  with  their  lawless  scoff  and  false  testimonies  in  their  frame 
up  against  every  desired  principle  that  I  .lid  desire  to  have,  in 
every  one  of  my  efforts  that  I  did  desire  to  make  an  attempt 
to  work  in  the  end  of  my  desired  tunnel  that  I  so  eagerly  and 
gradually  desired  to  extend  the  running  of  my  gradual  work 
in  the  and  of  my  desired  tunnel  on  until  I  reached  my  big,  val- 
uable shoot  of  my  desired  mineralized  ore  of  my  precious  met- 
als that  I  did  so  earnestly  and  eagerly  desire  to  obtain  through 
my  desired  efforts  of  rny  desired  work,  just  as  I  did  desire 
10  work  on  until  1  completed  my  desired  work  in  the  end  of  my 
desired  tunnel  so  that  the  end  of  my  desired  tunnel  would  be- 
come connected  with  my  big,  desired  shoot  of  my  well  mineral- 
ized ore  of  my  desired  precious  metais,  that  I  did  desire  so 
eagerly  to  obtain  the  same  as  above  staled  just  as  I  did  de- 
sire to  have  my  valuable  well  mineralized  ore  of  my  precious 
metals  that  does  lay  within  the  bowels  of  my  high  mountains 
and  I  wanted  to  put  them  on  the  market  in  order  that  my  vahi- 
ablo  mineralized  ore  may  be  treated  with  the  process  that  will 
seperate  the  different  metals  into  their  consistent  elemental 
parts  and  the  same  values  after  being  treated  as  above  stated 
would  have  more  than  one  million  dollars  over  paid  me  for  my 
whole  entire  cost  of  all  my  desired  time  of  labor  and  money 
it  would  have  taken  me  to  completely  complete  all  of  my  de- 
sired work  in  the  end  of  my  desired  tunnel  until  1  would  have 
the  desired  end  of  my  desired  tunnel  connected  with  my  valu- 
able desired  shoot  of  my  well  mineralized  ore  of  my  valuable 
precious  metals  that  I  did  so  eagerly  try  with  all  of  my  efforts 
of  my  ambition  to  get  possession  of.  Just  as  I  did  desire  to 
plead  for  all  the  way  through  in  this  case  of  mine  to  accomp- 
lish that  result.  If  the  mobolized  mob  of  the  Commissioners 
of  this  country  did  not  interfere  with  my  desired  tunnel  that  I 
did  so  earnestly  desire  to  join  with  my  "desired  valuable  shooi 


154  THE  TROUBLES  OF  A  PROSPECTOR 

of  my  well  mineralized  ore  of  my  precious  metals,  be  Is  or 
stratum  of  layers  of  lodes  in  ore  rocks  that  has  been  laid  with- 
in the  bowels  of  my  high  mountains  and  that  my  big  ledge  of 
my  mineral  ore  that  measured  two  feet  and  eight  inches  wide 
and  the  same  ledge  layers  lay  in  between  two  well  denned  walls 
and  the  same  did  spring  up  through  the  surface  of  my  highest 
peak  or  apex  on  top  of  my  high  mountain  of  my  Greenhorn 
Quartz  Mineral  Claim  from  that  big  shoot  of  my  valuable  min- 
eralized ore  above  stated  and  therefore,  as  a  matter  of  fact,  the 
world  over,  we  must  all  agree  that  the  big  valuable  shoot  of  my 
well  mineralized  ore  that  lays  within  the  bowels  of  my  high 
mountain  is  there  by  all  means,  for  it  is  the  only  true  sign  that 
a  miner  has  got  to  go  by.  That  such  a  ledge  of  ore  as  above 
stated  always  comes  from  a  valuable  big  shoot  of  well  miner- 
alized ore.  And  whenever  the  same  has  been  reached  with  a 
desired  tunnel  it  has  never  yet  proven  to  become  a  failure  the 
world  over,  but  the  same  did  become  a  valuable  mine.  There- 
fore we  must  all  agree  with  the  fact  tha1  the  only  indication 
that  a  miner  has  got  to  go  by  the  world  over,  that  the  same  has 
always  proven  to  be  a  fact  that  such  a  ledge  of  mineral  ore  as 
above  stated  is  self-evidence  again  and  again  as  a  sure  sign 
that  the  ledge  mentioned  has  been  shot  from  a  big  valuable 
shoot  of  well  mineralized  ore  up  through  the  surface  of  any 
highest  point  on  top  of  any  high  mountain.  Such  as  my  high 
mountain  that  stands  about  twelve  hundrec1  feet  higher  than 
the  railroad  crack,  and  the  railroad  track  stands  less  than  a 
mile  east  of  my  high  mountain  that  ;s  <ituated  on  my  five 
quartz  mineral  claims  all  joining  one  another  on  the  north  ot' 
my  Greenhorn  quartz  mineral  claim. 

Therefore  the  Commissioner  of  this  country  did  not  only 
rob  me  of  my  four  thousand  dollars  worth  of  development  work- 
that  I  did  really  do,  they  have  also  robbed  me  of  my  big 
valuable  shoot  of  my  well  mineralized  ore,  of  my  precious 
metals  bed  or  stratums,  of  my  layers  of  my  lode  in  ore  rocks 
that  had  been  laid  in  the  bowels  of  my  high  mountain.  He- 
sides  they  have  robbed  me  of  my  whole  life  desired  principle 
of  mv  desired  mine  that  I  did  have  connected  with  my  whole 
dtsired  life  and  the  support  of  my  desired  life  did  depend 
upon  the  same  desired  principles  of  mv  desired  life  for  my 
existence  in  the  future  and  all  of  the  same,  just  as  described 


THE  TROUBLES  OF  A  PROSPECTOR  155 

has  all  been  taken  away  from  me  by  and  through  these  same 
I'nited  States  Land  Commissioners  of  America.  To  the  full 
extent  that  I  have  never  been  able  to  desire  to  accomplish 
anything  from  that  time  that  mobilized  mobs  of  Commission- 
ers of  this  country  did  detain  and  hold  every  desired  principle 
that  1  did  so  eagerly  desire  to  obtain  and  have  them  all  con- 
nected with  my  desired  life.  All  through  their  desired  efforts 
in  their  attempt  to  defraud  me  of  everything  that  belongs  to 
my  desired  life,  past  and  future,  and  hold  it  in  their  iron  grip 
of  their  so-called  penmen's  laws  made  to  their  order  and  there- 
fore on  account 'of  them  all  1  was  compelled  to  leave  my 
mining  claim,  because  1  was  about  all  in  from  fighting  them. 
They  were  too  many  for  me.  So  I  left  my  mines  to  the 
United  States  Land  Commissioners  at  Washington,  D.  C. 
That  is  to  say,  what  was  left  of  them  after  they  had  robbed 
me  of  all  my  desired  principle  which  was  the  greatest  part 
of  my  whole  desired  life  by  preventing  me  from  accomplishing 
that  for  which  I  did  desire  to  accomplish. 

So  I  came  down  to  Spokane,  Washington,  and  traded  off 
one-half  interest  of  whatever  interest  the  Commissioners  of 
this  country  had  left  me  to  trade  off  into  my  mining  claims  to 
a  man  by  the  name  of  Mr.  Buffalar,  for  500  shares  of  capital 
stock  in  the  Empire  Manufacturing  Co.,  at  Spokane,  Wash- 
ington. Dated  this  twentieth  day  of  October,  1914.  I  don't 
know  whether  the  stock  has  any  value  or  not,  but  I  am  com- 
pelled to  realize  the  fact  that  there  was  nothing  left  for  me  to 
do  but  to  make  the  trade,  so  1  made  it,  for  I  was  glad  to  get 
away  from  my  troubles.  For,  every  time  I  would  take  the 
matter  of  my  mining  claims  into  consideration  1  would,  some- 
how or  other  always  arrive  at  the  same  conclusions,  that  if  I 
attempt  to  work  any  more  on  my  mining  claim  the  fact  of  the 
matter  would  be  that  the  Commissioners  of  this  county  would 
endeavor  to  involve  me  in  every  little  point  that  would  be  to 
their  own  material  interests  against  all  of  my  desires  of  accom- 
plishing that  which  would  be  to  my  material  interests  of  the 
full  part  of  my  desired  life  of  everything  that  1  would  under- 
take to  accomplish  on  my  mining  claim.  Therefore,  I  know 
if  I  dared  to  make  an  attempt  to  work  on  my  claim  any  longer 
they  would  denounce  me  in  the  name  of  law.  So-called  laws, 
made  to  their  order.  Just  as  they  all  did  do  to  me  in  the  past. 


156  THE  TROUBLES  OF  A  PROSPECTOR 

And  just  as  Mr.  Hal  J.  Cole  did  do  to  me  at  the  time  he  did 
grant  to  me  the  privilege  and  right  to  plead  the  principal  facts 
of  my  own  protest  case  in  self  defense.  On  the  merits  that  I 
did  not  have  the  money  for  a  ten  dollar  seal  to  hire  a  lawyer. 
And  fifteen  minutes  afterwards,  right  in  the  midst  jof  my  talk- 
ing on  the  merits  of  my  case,  he  did  lake  the  same  privilege 
right  away  from  me  again,  by  saving  that  this  case  would  not 
go  on  any  further  until  I  pay  the  ten  dollar  seal  that  he  did  use- 
to  seal  my  mouth  with,  and  which  was  the  same  ten  dollar  seal 
that  he  knew  1  did  not  have  to  hire  a  lawyer  with  or  to  pay 
him  for  having  the  ten  dollar  seal  released  from  mv  mouth, 
that  he  did  hold  me  in  bondage  for  till  paid,  before  1  will  be 
able  to  finish  pleading  the  situation  of  my  protest  case.  So  you 
can  all  see  the  situation  I  was  in.  i  Fe  did  grant  me  the  priv- 
ilege and  right  to  plead  the  principal  facts  of  my  case,  in  self- 
defense.  ( )r  in  other  words,  he  did  or  he  did  not  grant  me  the 
privilege  and  right  to  plead  the  merits  of  the  principal  fea- 
tures of  the  situation  of  my  protest  case.  Or  all  anyone  can 
make  out  of  it  in  still  other  words,  is,  that  he  did  and  that  he 
did  not,  give  me  the  privilege  and  right  to  plead  my  own  case 
in  self-defense. 

At  ten  o'clock  A.  M..  June  nth.  1(M2.  and  which  was  the 
day  of  my  birth,  held  inside  the  t'nited  States  Land  Oftice  of 
Spokane,  Washington,  at  that  very  time  mentioned.  Mr.  Cole 
did  apparently  seem  to  appear  t«.  me  as  being  absolutely  as 
one  who  did  assume  to  resemble  the  apparent  qualities  of 
more  features  of  superior  power  than  what  were  ever  pos- 
sessed in  all  of  the  quality  features  of  anv  impartial  jurv  that 
ever  dared  to  assume  1<>  be  composed  of  and  that  \\ere  ever 
selected  by  preference  from  all  of  the  choice,  chosen,  people  of 
the  world.  And  what  is  furthermore.  I  dare  anyone  to  show  me 
in  all  of  the  annals  of  all  of  the  historic  trials  that  were  ever 
tried  in  any  Court  of  Justice  that  was  ever  put  on  the  record^ 
of  all  of  the  annals  of  historv  in  this  whole  wMe  world,  v,  here 
such  a  jury  ever  dared  to  assume  the  supreme  authority  to 
render  a  verdict  that  would  grant  anyone  the  absolute 
privilege  and  right  to  plead  his  own  case,  in  self  defense  on 
the  principal  merits  of  ihe  case,  based  upon  the  ground:-  that 
he  did  not  have  the  pri«v  of  a  t<-n  dollar  seal  to  hiu  a  lawyer. 
And,  then  right  in  the  midst  of  his  plea  tliev  would  withdraw 


THE  TROUBLES  OF  A  PROSPECTOR  157 

the  previous  decision  that  they  did  grant  to  him,  on  the  start- 
ing point  of  his  plea,  and  then  render  another  verdict  that 
would  knock  the  pleader  out  of  commission  by  taking  the 
privilege  and  right  of  pleading  his  own  case  in  self  defense 
away  from  him  again,  that  they  did  grant  to  him  right  on  the 
start,  by  fetter-locking  his  mouth  with  the  shackles  of  a  key; 
so  called  a  ten  dollar  seal,  that  they  did  all  know  he  did  not 
have.  The  key  of  a  so-called  ten  dollar  seal  and  which  was 
the  same  key  that  they  all  knew  he  did  not  have  to  hire  a 
lawyer  with,  and  which  was  the  same  key  that  they  did  base 
the  merits  on  of  granting  him  the  privilege  right  to  plead  his 
own  case  in  self  defense.  Based  upon  the  merits  ot  that  key. 
so-called  a  ten  dollar  seal.  Which  same  has  now  g:>t  to  be 
paid  before  this  case  can  go  on  any  further,  unless  he  will  pro- 
duce the  key  of  a  so-called  ten  dollar  seal,  that  they  all  knew 
that  he  did  not  have  the  key  on  the  start  of  the  case,  that  they 
all  did  give  him  he  privilege  and  right  to  plead  his  own  case  on. 
And  now  this  is  the  only  key  that  will  unlock  the  fetter-lock 
that  they  had  hobbled  around  his  throat  for  the  purpose  of 
shutting  off  his  wind-pipe,  in  order  that  his  mouth  may  not  be 
able  to  voice  a  warbling  word,  in  every  effort  that  he  would 
endeavor  to  make  the  atempt  to  proceed  in  trying  to  finish 
utering  the  situation  of  his  case  any  farther  on  until  he  would 
pay  them  the  ten  dollar  seal  for  the  key  first,  before  they  would 
release  the  shackles  of  that  ten  dolar  seal  from  his  mouth  that 
they  all  would  so  absolutely  hold  in  bondage  until  paid.  There- 
fore they  were  al  certainly  sure  that  they  could  hold  his  talker 
in  bondage  as  long  as  no  one  else  would  pay  ten  dollars  be- 
fore they  would  let  the  pleader  completely  finish  pleading  the 
situation  of  his  case. 

This  is  percisely  what  Mr.  Hal  J.  Cole  did  do  with  me  on 
my  birthday.  Oh,  yes,  it  is  fine  to  have  the  breath  of  my  talk- 
er shut  off  in  such  a  manner  as  that.  It  was  a  nice  birthday 
gift,  you  know,  to  have  my  talker  stifled  in  this  way.  And  of 
course  I  did  not  approve  of  being  suffocated  for  the  want  of 
breath  to  talk  on  my  case  choked  off  in  th?t  way  all  for  the 
want  of  that  ten  dollar  seal,  and  which  was  the  only  key  that 
would  release  my  throttled  voice  from  the  bondage  that  he  did 
hold  my  throttled  mouth  in,  until  someone  else  "would  pay  it 
for  rne. 


158  THE  TROUBLES  OF  A  PROSPECTOR 

Xovv,  if  I  have  no  right  to  talk,  who  has?  And  why  have 
1  got  such  a  thing  as  a  talker  if  1  have  no  right  to  talk?  And 
why  have  1  got  brains  and  a  mouth  for,  if  my  talker  has  no 
right:  to  talk?  Who  is  that  talker  tha  has  got  that  mouth-piece 
of  a  musical  instrument  that  has  got  the  right  to  talk  for  me 
every  time  that  I  desire  to  talk  on  my  protest  case? 

If  Mr.  Cole  did  not  want  me  to  finish  pleading  the  vvhole 
principle  features  of  my  protest  case,  in  self-defense,  why  did 
he  grant  me  the  privilege  and  right  in  the  first  place?  And  if 
so,  why  did  he  choke  my  talker  off  from  talking  right  in  the 
midst  of  my  pleadings  fifteen  minutes  right  after  from  the 
starting  point  that  he  did  grant  me  the  privilege  right  to  plead 
my  own  case  for?  Unless  it  was  to  see  if  my  talking  in  the 
pleadings  of  my  protest  case  would  convict  myself.  Just  as 
his  pre-arranged  judgment  expected  me  to  do  and  which 
would  have  suited  him,  but  after  discovering  that  his  own 
pre-arranged  mind  had  deceived  his  own  expectations  on  that. 
Because  my  pleadings  in  my  talk  of  the  situation  of  my  pro- 
test case  did  not  convict  me  and  which  are  the  only  reason  J 
can  give  why  his  pre-arranged  fixed  opinion  did  not  satisfaccor 
ily  approve  of  my  finishing  the  complete  plead:ng  of  the  prin- 
ciple situation  of  my  protest  case.  And,  as  a  matter  of  fact, 
without  a  shadow  of  doubt  are  the  only  reasons  why  he  did 
and  why  he  did  not  grant  me  the  privilege  right  to  plead  my 
own  case  in  self-defense. 

Xice  work,  isn't  it?  \Youldn't  he  make  a  dandy  umpire 
to  umpire  a  ball  game?  That  is,  if  he  would  ever  dare  to  make 
an  attempt  to  grant  a  verdict  to  a  player,  just  as  above  stated, 
every  time  a  ball  player  would  he  in  the  act  of  a  play  that  he 
did  make,  and  then  right  in  the  midst  of  the  act  of  the  ball 
player  trying  to  finish,  Mr.  Cole,  the  umpire  of  the  ball  game 
would  withdraw  all  of  the  previous  decisions  that  lie  did  grant 
to  the  player,  and  then  render  another  verdict  that  would 
knock  the  ball  player  out  of  commission  by  s:-vying  that  "ihi> 
play  wil  go  no  further  until  yon  pay  me  a  ten  dolalr  seal.  I -"or 
the  key  that  I  have  in  my  possession  and  the  same  fits  all  of 
the  fetter-locks  that  I  need  to  umpire  this  whole  bali  game. 

This  is  precisely  the  way  that  I  have  been  treated  by  the 
Commissioners  of  this  country  in  my  protest  and  appeal  cases, 


THE  TROUBLES  OF  A  PROSPECTOR  1.59 

from  start  to  finish.  And,  if  they  could  not  destroy  my  le- 
sired  principles  of  my  whole  desired  life  that  way  they  would 
call  for  more  crazy  people  to  help  them  for  the  purpose  of 
trying  to  find  some  one  cra/y  enough  to  file  a  homestead  01 
some  other  right,  right  over  all  of  my  four  thousand  dollars 
worth  of  my  assessed  development  work  and  right  over  my 
mining  claims.  And  then  they  would  conclude  that  they  would 
willfully  and  lawlessly  sign  their  application  of  a  homestead 
right  or  some  other  right,  right  in  the  nick  of  time,  when  they 
did  all  know  that  my  assessment  work  that  I  had  done,  on  niv 
five  quartz  mineral  claim  held  good  according  to  law  for  over 
eight  months  yet  before  my  five  raining  claims  would  be  law- 
fully abandoned,  just  as  they  did  do  in  the  spring  of  1914  with 
Mr.  Joe  Saintclair.  So  I  thought  the  best  thing  1  could  do 
was  to  leave  the  country.  So  1  came  to  Los  Angeles,  Cal. 

Before  I  left  Spokane,  Washington,  Mr.  Buftalar  told  me 
that  the  greatest  desired  principle  of  his  life  was  to  go  right 
away  up  to  Boyds,  Washington  and  from  there  he  wouid  go  up 
to  my  mining  claim  to  work,  before  my  assessment  work  that 
I  have  done  on  my  five  quartz  mineral  claims  would  run  out 
and  the  same  held  good  by  law  until  January  1,  1915,  before 
my  five  quartz  mining  claims  would  be  abandoned.  His  great- 
est desire  of  his  principle  life  was  to  go  to  work  right  away  in 
the  end  of  my  tunnel  on  until  his  workings  in  the  end  of  his 
tunnel  would  become  united  with  the  big  valuable  shoot  of  my 
well  mineralized  ore  of  precious  metals  and  that  big  off-shoot 
ledge  did  crop  right  up  through  the  surface  of  my  Ingest  peak 
or  apex  of  my  high  mountain  of  my  Greenhorn  quartz  mineral 
claim  from  that  shoot  of  mineral  ore  mentioned  or  described 
all  the  way  through  from  start  to  finish  in  this  book.  And  as  I 
have  not  heard  a  word  from  Mr.  Baitaler  up  to  this  date  of 
April  27,  1915,  therefore  I  am  totally  unconscious  of  the  facts 
pertaining  to  the  situation  that  mv  mining  claims  are  in,  up 
to  this  date  stated,  until  I  will  desire  to  further  investigate  the 
situation  of  my  claims  are  in,  in  the  future.  T  do  not  know  if 
the  mobolized  mob  allowed  Mr.  Buffaler  to  do  any  work  on  my 
mine  or  not,  as  he  did  tell  me  that  he  did  desire  to  do.  There- 
fore I  am  not  able  to  tel  if  the  mobolized  mob  of  the  Commis- 
sioners of  this  country  are  still  throwing  pebbles  into  Mr. 
Buffalcr's  wheels  of  progress  or  not.  Every  time  he  would 


160  THE  TROUBLES  OF  A  PROSPECTOR 

hire  to  desire  to  work  or  to  make  an  attempt  to  wheel  out  a 
load  of  ore  rocks  out  of  the  ends  of  his  tunnel  for  the  purpose 
of  uniting-  the  end  of  his  desired  tunnel  with  the  big  valu- 
able, shoot  of  my  well  mineralized  ore  of  my  precious  metals. 
Just  so  they  did  do  with  me  in  that  sanve  part.  And  so  1  have 
nothing  more  to  tell  or  to  write  about  the  situation  of  my  live 
quartz  mining  claims  any  more  than  I  have  already  stated.  So 
1  A\  ill  close  my  book  by  saying  that  1  do  want  it  clearly  and 
distinctly  understood  by  all  the  readers  of  this  book,  Nvhomso- 
ever  the  readers  may  be,  that  1  do  not  Avant  the  reader  to  be- 
lieve a  word  of  any  of  the  stated  testimony  that  is  stated  in 
this  book  of  mine.  I  say  this  because  1  know  the  readers' 
mind  is  made  up  of  two  parts  and  one  part  of  the  readers  mind 
reasons  with  the  other  part  of  the  mind.  Therefore  if  the 
reader  Avill  do  me  the  favor  that  I  ask  of  him  to  put  every  word 
of  the  stated  testimonies  that  he  reads  in  this  book  to  his  mind 
and  if  you  will  do  this  your  mi'.d  will  "eason  them  all  out  for 
you  whether  or  not  the  stated  testimonies  from  start  to  finish 
in  this  book  stated  are  just  or  have  been  an  unjust  re- framed 
frame  up  against  me.  I  want  every  rea.ler  tr  be  their  OAVII 
self,  use  your  own  mind,  use  your  own  irulge:ncnt  in  forming 
your  own  ideas  and  opinions  on  every  word  of  the  stated  testi- 
monies that  is  stated  from  start  to  finish  in  this  book,  whether 
or  not  they  are  true  or  untrue  or  right  or  wrong.  And  be  sure 
that  the  whole  beauty  of  your  whole  sentence  or  story  is  not 
lost  just  through  the  mis-understanding  of  ore  single  word. 
Therefore,  I  want  the  reader  to  consider  carefully  and  ponder 
seriously  into  this  matter  in  order  that  the  reade«-  may  not  be 
mistaken  in  giving  his  right  answer.  And.  if  he  will"  do  this 
just  as  above  stated,  I  am  sure  he  \vil!  arrive  at  some  of  the 
final  touches  of  conclusion.  .And  whatever  these  final  touches 
of  conclusion  may  be,  T  Avill  be  pleaded  to  know. 

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